Petitor sought a writ directing the Nagar Panchayat not to dispossess them from land. The court held that conflicting claims required adjudication in appropriate proceedings and declined to examine the title issue.
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Court No. - 21
Case :- WRIT - C No. - 28275 of 2022
Petitioner :- Mubarak Hussain And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Digambar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The instant petition has been filed praying for a mandamus directing respondent no. 3 not to dispossess the petitioners from Gata No. 338 measuring area 0-13-0 Bigha situated at Village Wardpur 9 Tola, Matiyariya, Tehsil Naugarh, District Siddharthnagar.
The case of the petitioners is that the land in question belongs to them and has been so settled with them during consolidation operations. The Nagar Panchayat is wrongly trying to dispossess the petitioners therefrom.
It appears from the documents annexed with the writ petition that the petitioners made a complaint in this behalf on Tehsil Diwas. In the said complaint, a report was submitted by the Nagar Panchayat that the subject land belongs to it and presently certain constructions are being raised over it.
Having regard to the conflicting claims of the parties, we are of the considered opinion that the petitioners will have to get their rights adjudicated in an appropriate proceeding. We in exercise of writ jurisdiction decline to examine the issue relating to title of the parties.
The petition stands disposed of with the above liberty reserved in favour of the petitioners.
Order Date :- 19.9.2022 A. V. Singh
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Digitally signed by AJAY VIKRAM SINGH Date: 2022.09.20 14:49:06 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ court should examine the issue of title between the petitioner and the Nagar Panchayat regarding possession of land.
Whether a mandamus can be issued directing the respondent not to dispossess the petitioners from the land in question.
Mubarak Hussain And 5 Others
State Of U.P. And 2 Others
Manoj Kumar Gupta
Jayant Banerji
AJAY VIKRAM SINGH
As recorded by the court registry
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