Dismissed

Ramwati v. State of U.P. and 2 Others

Allahabad HC21 Nov 2019WRIC/25609/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by Ramwati to restrain the Nagar Nigam from construction work. The Court directed that the petitioner's possession not be disturbed until the disposal of pending civil suit and another writ petition regarding ownership. The District Magistrate was directed to consider the petitioner's grievances before final disposal.

What did the court decide?

Directed that the petitioner's possession not be disturbed until final disposal of pending objections; referred the application to the District Magistrate for consideration.

Ramwati Vs State of U.P. and 2 Others — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 1

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Case :- WRIT - C No. - 25609 of 2019

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Petitioner :- Ramwati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.P. Tiwari,Lok Nath Shukla,Shahabuddin Counsel for Respondent :- C.S.C.,Brijesh Ojha

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri R.P. Tiwari along with Sri Shahabuddin, learned counsel for the petitioner, Sri Brijesh Ojha, learned counsel appearing for respondent no.3, Sri D.K.Tiwari, Additional Chief Standing Counsel for respondent Nos.1 and 2 and perused the record.

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By means of the writ petition, under Article 226 of the Constitution of India, the petitioner has prayed for relief in the nature mandamus commanding the respondent no.3 not to carry out any construction work of water tank over the Khata No. 2315, Khasra No. 176/3 area 0.1050 hectare situate in village Akbarpur Bahrampur Pragana Loni, District Ghaziabad.

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Learned counsel for the petitioner submits that there is a civil dispute going on between her and one Kishan Lal in respect of Plot No. 176/3, before the Civil Judge (J.D.) Ghaziabad vide O.S. No. 543 of 2018, however, that Kishan Lal, who claims to be in possession and title holder in respect of minjumla plot no. 176/3, has approached this Court against the respondent Nagar Nigam Ghaziaad vide Writ-C No. 32794 of 2019 in which a detailed order has been passed protecting the possession of the petitioner Kishan Lal in that petition. It is further submitted on behalf of the petitioner that in her civil suit order had been passed directing the Ameen Commission to submit report regarding factual state of affairs qua possession, under dispute between the petitioner and that Kishan Lal, who is defendant in and the said report has come to be submitted on 17.10.2018. The petitioner submits that the report is in her favour.

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Be that as it may.

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As we have directed the District Magistrate to consider the grievance of the petitioner Kishan Lal in his writ petition, we also direct in the case of the petitioner that her application dated 12.7.2019 shall also be considered in accordance with law and until such disposal, the petitioner's possession shall also not be disturbed.

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We may however, clarify that in the matter of possession the interse dispute between the petitioner and Kishan Lal does not get adjudicated by our order and it is left open for the parties to continue with the suit. The limited authority that has been conferred upon the District Magistrate, is to consider the grievance of the petitioner and pass appropriate orders. As the petitioner claims that she is in possession to the extent of the area recorded in her name, the petitioner's possession shall also not be distrubed until final disposal of the pending objection as directed hereinabove.

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The writ petition stands disposed of with the aforesaid observations and directions.

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(Ajit Kumar, J.) (Ramesh Sinha, J.)

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Order Date :- 21.11.2019 Shiraz

Ramwati v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ramwati v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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