The High Court dismissed the writ petition filed under Article 226 as it was devoid of merit, noting that the impugned order remanding the land dispute case to the lower court had not yet been decided on merits.
The writ petition is dismissed as it is devoid of merit.
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Court No. - 76
Case :- MATTERS UNDER ARTICLE 227 No. - 8625 of 2019
Petitioner :- Satya Prakash Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey,Baijant Kumar Mishra Counsel for Respondent :- G.A.,Jyoti Bhushan
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner, learned counsel for opposite party no.3, learned A.G.A. for the State and perused the record.
It is contended by learned counsel for the petitioner that Saltanat has two wives, namely, Kesari Devi and Sanjafi. Kesari Devi has one daughter, namely, Parma Devi whose daughter is Gyanmati whereas Sanjafi has one son Anjani Kumar Singh, who has two sons, namely, Satya Prakash and Chandra Shekhar. Gyanmati sold the property in question to one Raj Milan. There was a dispute regarding possession of the property of the share of Satya Prakash, therefore, proceedings under Section 145 Cr.P.C. were initiated in which by order dated 09.02.2018 a receiver was appointed against which a revision was filed by opposite party no.3 Raj Milan Singh stating therein that he was in possession of the property in question as he had purchased the land from Gyanmati. The learned Additional Sessions Judge, Court No.4, Azamgarh has set aside the order dated 09.02.2018 in Revision No.59 of 2018 by order dated 13.09.2019 and has remanded back the matter to be decided afresh.
Considered the submissions advanced by learned counsel for the parties.
Since by the impugned order dated 13.09.2019 case has been remanded back, but the same has not yet been decided on merits which was to be decided afresh after hearing both the parties, no interference is required.
The petition is devoid of merit and is hereby dismissed.
Order Date :- 3.1.2020 Anand Sri./-
Satya Prakash Singh
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
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