Court No. - 5
Case :- WRIT - C No. - 20399 of 2019 Petitioner :- Vijai Pratap Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Deo Yadav,Yashpal Yadav Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
This writ petition has been filed restraining the respondents from making undue interference in the construction work in installing mobile tower over Khasra No. 1545 of Village Hafizpur, P.S. Kotwali, District Azamgarh. The petitioner and the respondent no. 5 are the real brothers. The disputed property is their ancestral property. The respondent no. 4, Om Prakash, has filed a Case No. 306 of 2019 under Section 116 of the U.P. Revenue Code, 2006 before the S.D.M. Sadar, District Azamgarh, which is pending and in which an interim order dated 11.3.2019 was passed restraining to raise any construction. The petitioner has filed a stay vacation application dated 15.3.2019 in the said case which is stated to be pending.
In view of the facts, noted above, we do not find any good reason to interfere in the matter. Therefore, the writ petition is dismissed, leaving it open to the petitioner to pursue his stay vacation application, which is stated to be pending before the authority concerned.
Order Date :- 20.6.2019 SR