In an interim pending nature writ petition, the High Court denied a mandamus for installing a boundary pillar because a restoration application by third parties, if successful, would bar establishment over the disputed land.
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. - 59
Case :- WRIT - C No. - 22976 of 2021
Petitioner :- Shakuntala Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Chandra Pandey Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
"(i) to issue a writ, order or direction in the nature of mandamus commanding/directing the respondent authorities specially the no. 3 and 4 to get install the pillar on the spot in compliance of the order dated 25.08.2017 passed by the respondent no. 3 (Sub Divisional Officer, Madihan, District-Mirzapur) in Case No. 59/60/83/113/158 of 2013 Computer Case No. T2017165331050 (Shakuntala Devi Vs. State) within stipulated period as fixed by this Court.
(ii) to issue a writ order or direction in the nature of mandamus directing the respondent no.3 to take suitable action on the application/reminder dated 24.06.2021 submitted by the petitioner for compliance of the order dated 25.08.2017 in Case No. 59/60/83/113/158 of 2013 Computer Case No. T2017165331050 (Shakuntala Devi Vs. State)and not to dispossess the petitioner from the land in question as per area and her share of the land in question.
(iii) issue any other suitable writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) to award the cost of the petition to the petitioner."
"Learned Standing Counsel to obtain instructions in the matter as to why the order dated 25.08.20217 is not implemented till date.
Put up on 08.11.2021 in the list of fresh cases. "
Order Date :- 11.11.2021 YK
2 issues framed by the court
Whether a writ of mandamus can be issued directing the establishment of a boundary pillar despite a pending objection by third parties.
Whether the petitioner should be dispossessed from the land.
Shakuntala Devi
State Of U.P.
Other 4
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
