Dismissed

C/M Janta Mahavidyalaya and Janta Madhyamik Vidyalaya and Another v. State of U.P. and 3 Others

Allahabad HC5 Jul 2023A227/4248/2023

Case brief

AI extract

What is this about?

The petitioner institution challenged the pendency of its injunction suit, alleging encroachment on its property. The Court held that since revenue proceedings under Section 67 of the U.P. Revenue Code, 2006 were pending, providing an alternative remedy, no cause for interference existed under Article 227.

What did the court decide?

No relief. The petition was dismissed as lacking merits due to the availability of an alternative remedy in pending proceedings.

C/M Janta Mahavidyalaya and Janta Madhyamik… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:132209

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Court No. - 1

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Case :- MATTERS UNDER ARTICLE 227 No. - 4248 of 2023

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Petitioner :- C/M Janta Mahavidyalaya And Janta Madhyamik Vidyalaya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Prakash Narayan Counsel for Respondent :- C.S.C.

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Hon'ble Jayant Banerji,J.

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Heard Shri Prakash Narayan Bajpai, learned counsel for the petitioners and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel appearing for the State-respondents.

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This petition under Article 227 of the Constitution of India has been filed seeking the following relief:-

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"i. To issue appropriate directives to the Learned Civil Judge Senior Division, Auraiya to expedite and decide the pending injunction application of the petitioner Institution preferred in Civil Suit No.38 of 2023 (Janta Mahavidyalaya/Janta Madhyamik Vidyalaya Vs. State of U.P. and others) within stipulated period of time and in the interregnum period may direct the parties to maintain status quo so as to preserve the playground of the Institution, pending in the Court of Learned Civil Judge Senior Division, Auraiya."

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It is stated by the learned counsel for the petitioners that a suit for injunction has been filed by the petitioners on 14.02.2023 but no temporary injunction order has been passed therein. It is further stated that the property in dispute belongs to the Institution by the name of Janta Mahavidyalaya, which is a college, and the respondents are encroaching upon the land of the college without any authority of law. It has been pointed out by the learned counsel that in respect of the property in dispute, a lease was executed in favour of the petitioner-Institution, which lease, it is stated, has been enclosed as Annexure-1 to the affidavit filed by the petitioners in reply to the personal affidavit of the District Magistrate, Auraiya. Learned counsel

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has referred to the contents of paragraph 11 of the petition in support of his contention in which it is stated as follows:-

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"11. That petitioner institution is built up in Gata No.484 at Gram Sehud but taking advantage of the fact that by playing trick a new Gata No.484/2 has been created and in the garb of same demarcation of land wherein transit hostel, cyber police station and housing facility for police officials is being created pools have been erected inside the boundary wall of petitioner Institution. In order to demonstrate the same, photographs is being filed herewith and marked as ANNEXURE NO.-6."

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In the personal affidavit of the District Magistrate filed pursuant to an order dated 08.04.2023, it has been stated that the petitioner-Institution has illegally occupied the land in dispute without there being any order of a competent authority transferring the plot of land which is actually recorded as 'usar' land that is belonging to the Gaon Sabha. It is stated that in view of the encroachment made by the petitioner-Institution on public land, proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated. Learned Additional Chief Standing Counsel has referred to Annexure-2 of the personal affidavit to demonstrate the same.

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Learned Additional Chief Standing Counsel has also referred to a notice dated 05.04.2023 sent by the Tehsildar, Auraiya to the petitioner-Institution, that has been enclosed as Annexure-4 to the personal affidavit, asking it to demonstrate and submit any documentary evidence of allotment made in favour of the Institution with regard to the property in dispute. It is, therefore, contended that given the right to oppose the proceedings under Section 67 and the right of appeal provided in sub-section (5) of Section 67 of the Code, the present petition would be barred also on the ground of alternative remedy.

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I have perused the affidavits filed by the contesting parties. The factum of initiation of proceedings under Section 67 of the Code, 2006 has not been denied by the petitioners in the

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affidavit in reply to the personal affidavit. However, it is alleged that the property in dispute was allotted by means of a lease granted by the Gaon Sabha and they, it is contended by the petitioners, are in occupation of the premises strictly in accordance with the terms of the lease.

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Admittedly, a civil suit for injunction is pending before the Civil Judge (Senior Division), Auraiya. Needless to say, the suit shall be considered by the court concerned in accordance with law including the issue of maintainability of the suit. However, given the admitted fact that proceedings under Section 67 of the Code, 2006 are pending and alternative remedy is provided under that Section, no cause for interference is called for in the present petition. It is noted that in the entire petition, there is no averment with regard to the pendency of proceedings under Section 67 of the Code, 2006 that appears to have been instituted in the year 2019 itself.

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This petition lacks merits and is, accordingly, dismissed .

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Order Date :- 5.7.2023 SK

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(Jayant Banerji, J.)

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

C/M Janta Mahavidyalaya and Janta Madhyamik Vidyalaya and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

C/M Janta Mahavidyalaya and Janta Madhyamik Vidyalaya and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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