Heard learned counsel for the petitioners and learned Standing Counsel for opposite parties no.1 to 5.
Issue notices to opposite parties no. 6 to 11 returnable at an early date.
Counter-affidavit may be filed within a period of four weeks. Rejoinder- affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid order.
This writ petition has been filed with the following prayers:
(i) to issue, a writ, order or direction in the nature of mandamus thereby commanding/directing the opposite party no.1 to re-consider the matter keeping in view of the extreme urgency and pass appropriate order regarding preservation of the property/Gata No.643 measuring area 1.8740 hectare till the application for temporary injunction is disposed of in Suit No.163 of 2010;
(ii) to issue, a writ, order or direction in the nature of mandamus thereby commanding/directing the opposite party nos.2 to 5 to restrain the opposite party nos.6 to 8 to not to make any construction over the land bearing Gate No.643 and not to take any action in any manner till the pendency of application for temporary injunction;
(iii) to issue, a writ, order or direction in the nature of mandamus thereby restraining the opposite party nos.6 yo 8 to not to make any construction over the land of the petitioners bearing Gata No.643;
(iv) to issue, a writ, order or direction in the nature of mandamus thereby commanding/restraining the opposite parties from dispossessing the petitioners from the land in question in any manner;
(v) to issue, any appropriate writ, order or direction which this Hon'ble Court may deem, just and proper in the nature and circumstances of the case;
(vi) to award the cost of the writ petition in favour of the petitioners.
It has been pointed out by the learned counsel for the petitioners that the opposite parties no.6 to 8 had moved an application under section 41 of the Land Revenue Act for the demarcation of Khasra Nos.643 and 644, situate in village Laukaha, Pargana and Tahsil Uttraula, District Balrmapur, which was allowed ex parte on 28.01.2010. The petitioners moved an application for recall/restoration of the said order and the concerned Sub Divisional Officer vide order dated 13.04.2010 stayed the operation of the order dated 28.01.2010 till the disposal of the restoration application. It is submitted that despite the fact that the stay order dated 13.04.2010 is operative, the opposite parties no.6 to 8 have started raising construction over the land in question. It is also submitted that the petitioners then filed Writ Petition No.3493 (M/S) of 2010 which was dismissed by this Court with the observation that the petitioners should approach the Civil Court. Thereupon the petitioners filed a suit for injunction before the Civil Judge (Senior Division), Balrampur alongwith an application for temporary injunction on 08.06.2010, but despite the fact that the notices have been served upon the opposite parties no.6 to 8, no order could have been passed by the Court and 01.07.2010 has been fixed for hearing on temporary injunction application. It is also submitted that opposite parties no.6 to 8 are trying to raise constructions over the petitioner's land.
In view of the aforesaid circumstances, opposite party nos.6 to 8 are restrained from raising any construction over the land Gata No.643 till 01.07.2010.
Order Date :- 23.6.2010 ank