Court No. - 9
Case :- WRIT - C No. - 6867 of 2021 Petitioner :- Subhadra Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satendra Tirpathi Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,Acting Chief Justice Hon'ble Ajay Bhanot,J.
The matter is taken up through Video Conferencing. Petitioner by way of present petition seeks following relief:
"i. issue, a writ order or direction in the nature of Mandamus commanding the respondents to implement the order dated 22.09.2020 passed by respondent no.3 by which Respondent No.3 has directed S.H.O. Kotwali (Deoria) and J.E. R.B.O. to get the construction work stopped which is being carried out by respondent No.6 (Shri Sanjay Tiwari son of Shri Ramayan Tiwari) on the land of petitioner at Mauja-Ameti Nagar Andar over Arazi No.7152/2M. area 0.014 hectare. (Annexure No.1)
ii. issue, a writ order or direction in the nature of Mandamus commanding the respondents to demolish the 7 pillars of R.C.C. that has been illegally constructed by the respondent no.6 without getting any permission under Section 6 of the U.P. Regulation of Building Operations Act, 1958 and which has been constructed illegally on the land of the petitioner at Mauja-Amethi Nagar Andar over Arazi No.7152/2M. area 0.014 hectare.
iii. Issue, a writ order or direction in the nature of Mandamus commanding the respondent no.3 to decide the Case No.1236/R.B.O. Act, 1958 with respect to Map No.908/2020 pending before the Court of Prescribed Authority, Regulatory Area, Deoria, District Deoria, within some stipulated period, as fixed by the Hon'ble Court.
iv. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to maintain status quo at the land of petitioner at Mauja Amethi Nagar Andar over Araji No.7152/2M. area 0.014 hectare till the Case No.1236/R.B.O. Act 1958 with respect to Map No.908/20 is decided by respondent no.3, pending before the Court of Prescribed Authority, Regulatory Area, Deoria, District Deoria."
Pleadings on record reveals that there exists an inter se dispute between the petitioner, the purchaser of land in question and the seller-respondent no.6. The allegation of the petitioner is that the seller has raised a construction over the land sold out to the petitioner.
Be that as it may, as the dispute is of civil nature and the petitioner has already approached the Authority concerned, we are not inclined to cause any indulgence.
At this stage, learned counsel for the petitioner prays for withdrawal of petition.
Prayer is allowed.
Petition stands dismissed as withdrawn.
Order Date :- 4.5.2021 N Tiwari (Ajay Bhanot,J.) (Sanjay Yadav,A.C.J.)