Petitioner sought writ for possession of land. Court noted challenging appeal order was not filed. Petition disposed as withdrawn with liberty to appeal within three weeks for stay consideration.
Petition disposed as withdrawn with liberty to file appeal and stay application within three weeks.
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Court No. - 2
Case :- WRIT - C No. - 4837 of 2021
Petitioner :- Sukhari Ram Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner by the instant writ petition seeks the following relief:
"Issue a writ order or direction in the nature of mandamus to the respondents authority to consider the claim of the petitioner to give the physical possession of Dakhalnama after identify of the plot in Gata No. 282 area 0.2530 hectare (Navin Parti) which is situated at village Devkali Sarai, Mauza Ghoswal, Pargana Jamaniya, Tehsil Sevrai, District Ghazipur."
Learned counsel appearing for the fifth respondent at the outset submits that patta granted to the petitioner vide order dated 1 April 2015 passed by the third respondent-Sub Divisional Officer, Tehsil Servai, District Ghazipur, was recalled on 15 April 2015 directing that the plot no. 282 area 0.2530 hectare be entered in the revenue records as Navin Parti vesting in the Gaon Sabha. Order is appealable under sub-clause (5) of Section 67 of U.P. Revenue Code, 2006.
This fact is not being disputed by learned counsel for the petitioner.
On specific query, learned counsel for the petitioner submits that the order of the third respondent has neither been challenged before this Court nor carried in appeal.
In view thereof, the writ petition is disposed of as withdrawn with liberty to the petitioner to file an appeal along with stay application. In the event such an appeal along with stay application is filed within three weeks from date, the stay application of the petitioner shall be considered on merits after hearing all the aggrieved parties including the Gaon Sabha.
Order Date :- 17.8.2021 S.Prakash
3 issues framed by the court
Whether the writ petition can be disposed of as withdrawn given the order granting patta was not appealed.
Whether the petitioner is entitled to seek physical possession of the Dakhalnama after identifying the plot.
Whether the stay application filed by the petitioner should be considered upon filing an appeal.
1 provisions across 1 enactments
Sukhari Ram
State Of U P
4 Others
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
