Court No. - 54
Case :- WRIT - C No. - 38151 of 2019 Petitioner :- Survesh And 4 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Girish Kumar Yadav Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
Present writ petition has been filed for the issuance of writ of mandamus commanding the respondent nos. 2 and 3 to maintain status quo over the land in question at the spot to change the nature of land in any manner unless and until the partition suit is decided. Further prayer has been made for the issuance of writ of mandamus commanding the respondent no.2 to decide the partition suit filed on 8.9.2015 and application dated 16.10.2019 filed in Case No. T201712070403858 under Section 176 of U.P.Z.A & L.R. Act within stipulated time.
So far as the first relief is concerned, the petitioners have remedy to approach the court concerned by making an application for interim relief.
It is contended by learned Standing Counsel that injunction order has already been passed on 29.9.2016 with regard to land in dispute.
First prayer is totally misconceived. If the petitioner is not satisfied with the injunction order, he can challenge the same. So far as the second prayer is concerned, the suit is pending since 2015 and no order sheet has been filed in order to show the progress of the suit and in absence of filing of order sheet, no relief can be granted to the petitioners.
Writ petition is totally misconceived and is, accordingly, dismissed.
Order Date :- 28.11.2019 Noman