The court was approached by a petitioner who challenged the construction of a Panchayat Bhawan on her claimed private bhumidhari holding. The respondents stated the land was recorded as banjar, negating the petitioner's cause of action. The court accepted the respondents' stand and disposed of the petition accordingly.
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Court No. - 38
Case :- WRIT - C No. - 25390 of 2021
Petitioner :- Premvati Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ravindra Pal Singh Kashyap,Akshay Kumar Shukla Counsel for Respondent :- C.S.C.,Sher Bahadur Singh
Hon'ble Rajeev Misra,J.
Heard Mr. R.P. Singh, learned counsel for petitioner, learned Standing Counsel representing respondents-1 to 5 and Mr. S.B. Singh, learned counsel representing respondent-6, Gaon Sabha.
By means of present writ petition, petitioner has prayed for a writ of mandamus commanding respondent-2, District Magistrate, Bareilly to restrain respondent-6, Gaon Sabha, village - Kyone Suratpur, Benipur, Aliganj, District - Bareilly from raising any construction on survey plot no. 320/1 area 0.152 hectare situate in the village, which is bhumidhari holding of petitioner.
Present writ petition came up for admission on 05.10.2021 and this Court passed following order:-
"The contention of the learned counsel for the petitioner is that over the petitioner's private land situate at Plot No. 320/1 village - Kyone Suratpur, Benipur, Aliganj, District - Bareilly, the respondent no. 6 was constructing a Panchayat Bhawan without any acquisition or requisition.
Learned Standing Counsel to take instructions.
Place this petition as fresh on 19.10.2021.
Till the next date of listing, status quo as of today shall be maintained. "
Pursuant to above order dated 05.10.2021, instructions have been received by learned Standing Counsel. Same have been placed before Court and are taken on record.
Learned Standing Counsel submits that constructions are being raised on plot no. 320/1 area 0.152 hectare situate in village - Kyone Suratpur, Benipur, Aliganj, District - Bareilly is recorded as banjar. As such, petitioner has no cause of action to maintain present writ petition.
In view of the stand taken by respondents that constructions are being made over survey plot no. 320/1 area 0.152 hectare
situate in village - Kyone Suratpur, Benipur, Aliganj, District - Bareilly, this Court finds that no cause of action has arisen in favour of petitioner to maintain present writ petition. The Court accepts the stand of State-respondents. The writ petition stands disposed of finally as per above.
Order Date :- 1.11.2021 Saif
2 issues framed by the court
Whether a cause of action has arisen in favour of the petitioner given that the land under construction is recorded as banjar land.
Whether the writ petition should be dismissed for lack of cause of action.
Premvati
State Of U.P.
District Magistrate, Bareilly
5 Others
Gaon Sabha
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
