The High Court disposed of a writ petition seeking injunction against interference with land possession and demolition of a house, declining merit adjudication due to pending Second Appeal which had an existing interim order.
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Court No. - 21
Case :- WRIT - C No. - 4766 of 2019
Petitioner :- Harishchandra And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Om Prakash Chaube,Gorakh Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioners have preferred this writ petition for the following reliefs:-
"i. Issue a writ order or direction in the nature of mandamus commanding the respondents not to interfere the petitioners possession over the land in dispute in which the petitioners temporary house is situated since last 70 years ago.
ii. Issue a writ order or direction in the nature of mandamus to restrain the respondents not to demolish the petitioners temporary house and cutting the trees in the disputed land."
The learned Standing Counsel has received the instructions, which he has passed on to us. We have perused the instruction.
The petitioners in the writ petition has averred that in respect of the same property a Second Appeal No. 1141 of 1991 is pending before this Court, wherein an interim order was passed, not to demolish the boundary wall of the petitioners. Since the matter is pending in this Court and interim order is still continuing, we do not want to comment on the merits of the case, as it would prejudice the case of either of the parties, hence we refrain from making any observation on the merit of the case. However, having due regard to the facts of the case, we leave it open to the petitioner to take recourse to the such remedy which is available under the law.
Accordingly, the writ petition is disposed of.
Order Date :- 25.3.2019 SR
Harishchandra
Unknown Second Petitioner
State Of U.P.
Unknown Respondent 1
Pradeep Kumar Singh Baghel
Pankaj Bhatia
As recorded by the court registry
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