Writ petition challenging SDM's order accused of being without jurisdiction was disposed of with liberty to file a fresh application with requisite documents. No substantive decision was rendered.
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Court No. - 34
Case :- WRIT - C No. - 3319 of 2023
Petitioner :- Om Veer Singh And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
The petitioner is aggrieved with the order dated 08.07.2022 passed by the Sub-Divisional Magistrate, Sikandarabad, District - Bulandshahar providing protection to the private-respondent for construction on a particular land, being without jurisdiction.
Learned counsel for the petitioner submits that an application was filed before the concerned SDM that a dispute in regard to said land is pending before the civil court wherein injunction has been granted in favour of the petitioner and against the private respondent, and attempt for getting permission for construction by the contesting private respondent was also rejected by the civil court, still the concerned SDM has not recalled his order.
In order to consider the submission, I have carefully perused the impugned order as well as application filed by the petitioner, however, the details mentioned above are not specifically part of the application. It appears that relevant orders passed by the Civil Court has not been annexed with the application. Therefore, this writ petition is disposed of with liberty to the petitioner to file a fresh application alongwith requisite documents before the SDM concerned who will consider it and pass an order and will also deal the issue of jurisdiction also.
At this stage, learned counsel for the petitioner submits that the application will be filed within 7 days from today. In case, the petitioner files a fresh application before the concerned SDM within 7 days, the SDM will take appropriate decision on the same expeditiously.
The writ petition is disposed of.
Order Date :- 17.2.2023 S.K.S.
Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad
Om Veer Singh
State Of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
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