Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 51141 of 2016 Petitioner :- Sub Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Piyush Kant Vishwakarma Counsel for Respondent :- C.S.C.,M.K.Yadav,Niyaz Ahmad Khan
Hon'ble Salil Kumar Rai,J.
Heard counsel for respondent no.2.
The present writ petition has been filed praying for a writ of mandamus commanding the District Magistrate, Jaunpur and Sub Divisional Officer, Mariahu, Jaunpur i.e. respondent nos. 2 and 3 to remove the alleged encroachments made by respondent nos. 4 and 5 over plot No.723A which is alleged by the petitioner to be a Gaon Sabha property.
It appears from the record that proceedings under Section 122-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as the 'Act, 1950') were instituted against respondent nos. 4 and 5 and the said proceedings were dropped by the concerned court. Further, from the order dated 18.12.2013 passed by this Court in Writ Petition( P.I.L.) No. 62986 of 2013 (annexed as annexure No. 4 to the writ petition) and from the averments made in paragraph no. 21 of the rejoinder affidavit filed by the petitioner, it is evident that proceedings under Section 229B of the Act, 1950 for declaration of their rights have been instituted by respondent nos. 5 and 6 regarding the said plot.
In the aforesaid circumstances, no writ as prayed in the writ petition can be issued as the matter regarding the legality of possession of respondent nos. 5 and 6 over plot No. 723A and title of the Gaon Sabha as well as respondent nos. 5 and 6 over the same is subjudice before a competent Court.
For the aforesaid reasons, the writ petition is dismissed.
Order Date :- 25.7.2018 Sattyarth