Court No. - 21
Case :- WRIT - C No. - 31158 of 2018 Petitioner :- Yamin And 10 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rajendra Kumar Misra,Sri S.K. Varma, (Senior Advocate) Counsel for Respondent :- C.S.C.,Amit Manohar,Tarun Agrawal
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
List is revised. No one is present to press this writ petition. On the last occasion we have passed the following order on 19.12.2018-
"Rejoinder affidavit filed today, is taken on record.
Learned counsel for the petitioners seeks adjournment to which learned counsel for the respondents has serious objection.
As prayed, put up this case day after tomorrow i.e. on 21st December, 2018 in the additional cause list.
It is made clear that on the next date the petitioner shall make alternative arrangement, if learned counsel for the petitioner is not well. "
Sri Ravi Kant, learned Senior Counsel assisted by Sri Rajendra Kumar Misra has invited our attention to the order of the Supreme Court passed in Civil Appeal No. 6466 of 2017 on 5th October, 2018, wherein the Supreme has observed that no other Court shall entertain the dispute raised in the civil appeal pending before the Supreme Court. The relevant part of the order of the Supreme Court reads as under-
"Obviously, as clear title has been passed to the purchaser, no claim with respect to the land in question shall be entertained elsewhere. Accordingly, the applications are disposed of."
In view of the said observation of the Supreme Court, learned Senior Counsel urged that this writ petition is not maintenance.
We find that the Supreme Court has clearly directed that the claim in respect to the land shall not be entertained by any other Court.
In view of the said observation, the writ petition is dismissed, leaving it open to the petitioners to take such remedy which is available under the law.
Order Date :- 21.12.2018 M.A.Ansari