Court No. - 4
Case :- WRIT - C No. - 20733 of 2020 Petitioner :- Vinod Prakash Verma Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Shri Ram Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed with following prayer:-
" (i) Issue a writ order or direction in the nature of mandamus directing to the respondent No.2, the Commissioner Basti to decided the application dated 4.5.2019 moved by the Petitioner pending in Appeal No. 201817000000994 (Vijay Kumar Singh vs. Lakshmi Devi and 9 others) within stipulated period and granting permission to starting reconstruction to the petitioner on the petitioner's area 24 Air as per Naksha and chauhaddi disclosed in sale deed dated 27.01.2011.
(ii) Issue a writ order or direction which this Hon'ble Court may deem fit and proper under circumstances of the case.
(iii) To award the cost of the writ petition."
The petitioner herein is a third party, who has purchased the property in question from a co-owner. Admittedly, the dispute regarding partition is still pending before the appellate court and the petitioner herein as on date is also not a party to the appeal and is praying that his application for grant of reconstruction be considered. The petitioner is not a party to the appeal and prima facie, until he is a party to the appeal he cannot pray for any relief in the appeal.
Prima facie, without being a party to the appeal, prayer so made in the present petition is not maintainable. However, the petition stands disposed of with liberty to the petitioner to avail the remedy as may be available to him in accordance with law.
Order Date :- 7.1.2021 Aditya