The petitioners alleged disposssession from land during the pendency of a patta cancellation application. The court observed lack of proof of possession and directed them to approach the Court where the cancellation application is pending or file a Civil Suit.
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Court No. - 7 Case :- WRIT - C No. - 1294 of 2021 Petitioner :- Subba And Another Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Siddhartha Varma,J.
Supplementary Affidavit filed today be kept on record.
The petitioners' application for the cancellation of patta granted in favour of the private respondents was required to be heard in purusance of the order dated 6.11.2020 passed by the Commissioner. The grievance of the petitioners is that during the pendency of the application, the petitioner was being dispossessed from the land in question.
There is no document which the petitioners had filed for proving that they are in possession.
If the petitioners' possession is being disturbed, they may either move an application before the Court where the application for the cancellation of the patta is pending or they may file a Civil Suit. If any application has already been filed, then orders shall be passed on it within a period of two weeks from the date of presentation of a copy of this order, duly certified by the learned counsel for the petitioners.
With these observations, the writ petition stands disposed of.
Order Date :- 12.2.2021 GS
(Siddhartha Varma, J.)
2 issues framed by the court
Whether the petitioners can seek relief for dispossession during the pendency of the cancellation of patta application filed before the Commissioner.
Whether the aggrieved petitioners should approach the writ court or file an application in the pending proceeding or a civil suit.
Subba And Another
State Of U.P. And 10 Others
Siddhartha Varma
As recorded by the court registry
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