Dismissed¶15

Sonpal v. State of U.P. and 2 Others

Allahabad HC3 Oct 2023WRIC/21872/2023

Case brief

AI extract

What is this about?

Allahabad High Court; WRIT - C No. 21872 of 2023; Sonpal v. State of U.P. and 2 Others; decided 3.10.2023; 2023:AHC:188891; Chandra Kumar Rai, J. Maintainability of writ petition where title objection under Section 9A(2) of U.P.C.H. Act is pending; alternative/remedy in pending title objection; prayer for mandamus restraining interference with peaceful possession over Gata No.163, Mauza Hameerpur Paratapur, Pargana and Tahsil Amritpur, District Farrukhabad; prayer for direction to respondent no.2 to decide petitioner's representation; writ petition dismissed.

What did the court decide?

In view of the pendency of the title objection under Section 9A(2) of the U.P.C.H. Act in respect of the plot in dispute, the petitioner should take appropriate remedy in the pending title objection rather than the writ petition before this Court. ¶14

Sonpal Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

¶1

Neutral Citation No. - 2023:AHC:188891

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Court No. - 51

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Case :- WRIT - C No. - 21872 of 2023

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Petitioner :- Sonpal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Mukesh Kumar, learned counsel for the petitioner and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

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The instant petition has been filed for the following reliefs:

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"i. issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in peaceful possession of the petitioner over Gata No.163 situated in Mauza Hameerpur Paratapur, Pargana and Tahsil- Amritpur, District- Farrukhabad.

¶9

ii. issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation made by the petitioner within stipulated period, accordance with law."

¶10

Learned counsel for the petitioner submitted that in spite of the pendency of the title objection under Section 9A (2) of U.P.C.H Act, the authorities are interfering with the right, title and possession of the petitioner. He further submitted that the appropriate direction be issued restraining the respondent not to interfere in the peaceful possession of the petitioner in respect to the plot no.163.

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On the other hand, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents submitted that in view of the pendency of the title objection filed by the petitioner in respect to the plot in dispute i.e. plot no.163, writ petition is not maintainable rather the petitioner should take appropriate remedy in the pending title objection in accordance with law.

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I have considered the argument advanced by learned counsel for the parties and perused the record.

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There is no dispute about the fact that title objection under Section 9A (2) Of U.P.C.H. Act filed by the petitioner is pending.

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In view of the pendency of the title objection under Section 9A(2) of U.P.C.H. Act in respect to the plot in dispute, the petitioner should take appropriate remedy in the pending title objection rather writ petition before this Court.

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Writ petition is dismissed accordingly.

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Order Date :- 3.10.2023 Rameez

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Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad

Sonpal v. State of U.P. and 2 Others

Case brief

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Sonpal v. State of U.P. and 2 Others

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