The court held that once the District Magistrate took cognizance of the land dispute, the matter must be redressed by the District Magistrate after affording an opportunity of hearing, and disposed of the writ petition.
No mandamus issued; the matter directed to be redressed by the District Magistrate after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- WRIT - C No. - 1130 of 2021 Petitioner :- Barfi Devi Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi,Sr. Advocate Shri R.C. Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri R.C. Singh, learned Senior Advocate assisted by Shri Narayan Dutt Shukla for the petitioner and Shri Surya Bhan Singh, learned Standing Counsel for the State respondents.
Present writ petition is preferred with request to issue direction in the nature of mandamus commanding the respondent nos.1, 2 and 3 to enforce their own order dated 7.11.2020 and hand over the actual physical possession of the land in dispute after removing unauthorized occupation.
In support of his submission, learned counsel for the petitioner has placed reliance on the Circular dated 15.7.2019, which has been issued in compliance of the order passed by Lucknow Bench of this Court in Writ Petition No.30394 (M/B)/2017 (Kunwar Shobhit Singh vs. State of UP and others). More so, on the application/representation of the petitioner dated 02.8.2020 the concerned District Magistrate has taken cognizance on the same day asking the Sub Divisional Officer to enquire into the matter and submit a report. He further submits that the first information report has also been lodged in the matter.
Once the District Magistrate has already taken cognizance in the matter and the matter is ceased before him, then this Court is of the considered opinion that the claim set up by the petitioner is to be redressed by the District Magistrate, Kushinagar but certainly after affording opportunity of hearing to all the stakeholders in the matter.
With the aforesaid observations/directions, the writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self
attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.1.2021 RKP
1 issue framed by the court
Whether the writ petition seeking enforcement of orders and possession of land should be entertained by this Court or determined by the District Magistrate.
Barfi Devi
State Of U.P.
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
