Kheladi Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2020)

Kheladi Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Interim protection pending Appeal no. 56 of 2019: status quo as to nature and possession of plot no. 14132 Ka for two months; interim relief application in the pending appeal to be heard and decided within that period; no third party rights to be created on the land; and the competent authority (respondent no. 4) to decide the matter expeditiously within six months of production of certified copy of the order, strictly in accordance with law.

Issue for consideration

Whether ad interim protection should be granted to the petitioner against interference by the respondents with his possession of plot no. 14132 Ka, village/Mauja Jugail, Pargana Agori, Tehsil Robertsganj, District Sonebhadra, till disposal of Appeal no. 56 of 2019 (Kheladi v. Forest Department) under Section 17 of the Indian Forest Act, in view of the vacancy of the court below.

Court's answer

Direction to the competent authority, respondent no. 4, to decide the matter expeditiously within a period of six months from the date of production of certified copy of the order, strictly in accordance with law.

Ratio / Principle

For a period of two months from the date of the order, status quo shall be maintained with regard to the nature and possession of the land in question.

Key takeaways

The interim relief application shall be heard and decided within the aforesaid two-month period in the pending appeal.ratio¶10
No third party rights shall be created on the land in question.ratio¶10

Detailed headnote1 paragraphs

Matters Under Article 227 No. 3701 of 2020, decided 10.12.2020 by Hon'ble Ajit Kumar, J. — Petitioner Kheladi sought ad interim protection of his possession of plot no. 14132 Ka (area 12-0-0 Bigha), village/Mauja Jugail, Pargana Agori, Tehsil Robertsganj, District Sonebhadra, till disposal of Appeal no. 56 of 2019 (Kheladi v. Forest Department) under Section 17 of the Indian Forest Act, pending before the Additional District Judge, Anpara, at Obra, District Sonebhadra; counsel urged interim protection on the ground that the court below was vacant. Disposing of the petition, the Court directed respondent no. 4 (the competent authority) to decide the matter expeditiously within six months from production of a certified copy of the order, strictly in accordance with law; meanwhile status quo as to the nature and possession of the land was to be maintained for two months, the interim relief application in the pending appeal was to be heard and decided within that period, and no third party rights were to be created on the land.

Court No. - 74

Case :- MATTERS UNDER ARTICLE 227 No. - 3701 of 2020

Petitioner :- Kheladi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Chandra

Hon'ble Ajit Kumar,J.

Heard learned counsel for the parties.

By means of present writ petition, the petitioner has prayed following relief:

"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue an ad interim order protecting and safeguarding the interest of the applicant/petitioner by means of directing the respondent not to interfere in the peaceful and cultivator possession of the applicant/petitioner in the respects of the plot no. 14132 Ka area 12-0-0 Bigha situated at the village and Mauja-Jugail, Pargana- Agori, Tehsil-Robertsganj District- Sonebhadra till the disposal of the Appeal no. 56 of 2019 Kheladi v. Forest Department under Section 17 of the Indian Forest Act, pending before the Additional District Judge Anpara Siruated at Obra District-Sonebhadra President, and/or the Hon'ble Court be p leased to pass such other and further order or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. "

It is argued by learned counsel for the petitioner the the court below is vacant, and therefore, matter is not being heard decided .Accordingly, he submits that some interim protection may be granted during pendency of the appeal.

In view of above, this petition is disposed of with direction to the competent authority, respondent no. 4 to decide the matter expeditiously within period of six months from the date of production of certified copy of the order strictly in accordance with law.

In the meanwhile, for a period of two months from today, the status quo shall be maintained with regard to nature and possession of the land in question. The Interim relief application shall be heard and decided within aforesaid period in the pending appeal . It is further directed that no third party rights will be created on the land in question .

Order Date :- 10.12.2020 Sanjeev