The High Court dismissed a writ petition seeking restoration of land possession and direction to decide an application, noting that encroachment was removed and parties were in possession of their plots. Liberty was granted to peruse the pending suit.
Petition dismissed with liberty to peruse the pending suit.
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Court No. - 2
Case :- WRIT - C No. - 3716 of 2021
Petitioner :- Molai Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sarvesh Chandra Mishra Counsel for Respondent :- C.S.C.,Dinesh Kumar Tripathi,Tryambak Nath Mishra
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondents no. 1 to 6 and Sri Dinesh Kumar Tripathi, learned counsel appearing for seventh respondent.
Learned Standing Counsel in compliance of earlier order of the Court has received instructions from the office of fourth respondent, Sub-divisional Magistrate, Tehsil Badlapur, District Jaunpur.
By the instant petition, petitioner seeks following reliefs:
"i) Issue a writ, order or direction the respondent no. 4 (S.D.M.) Badlapur, to restore the possession of the petitioner as on 26.12.2020 in pursuance of order dated 07.07.2020 passed by respondent no. 3 in suit no. 8/D202014360000778 (Molai Vs. Indu Devi) under section 115-F Revenue Code Act Section 67 and not to interfere in the peaceful possession of the petitioner.
ii) Issue a writ, order or direction in the nature of mandamus direct to the respondent no. 2 to take action and decide the application of the petitioner dated 28.12.2020 within a stipulated period which is fix by this Hon'ble court."
It is urged by learned counsel for the petitioner that petitioner is owner and in possession of khasra no. 234 and 235 which is his bhumidhari land. The dispute pertains to plot no. 233 recorded as Banjar vested in Gaon Sabha. Learned counsel for seventh respondent submits that patta was granted in respect to the plot on which seventh respondent is in possession. The third respondent had summoned the contesting parties. It is noted in the report, which is part of the instructions, that wheat crop is standing on the bhumidhari plots, encroachment of four dismal of plot no. 233 has been removed and the respective parties are in possession of their plot.
In view thereof, petition is dismissed with liberty to the petitioner to peruse the pending suit in accordance with law.
Order Date :- 22.7.2021 P. Sri.
3 issues framed by the court
Whether the petitioner's writ petition seeking restoration of possession and direction to decide an application should be allowed.
Whether the petition can be dismissed based on the submission that parties are now in possession of their respective plots.
Whether the petitioner should be granted liberty to peruse the pending suit.
Molai
State Of U.P.
6 Others
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
