Dismissed

Jagdish Prasad and 2 Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko and 10 Others

Allahabad HC9 Aug 2024/6831/2024

Case brief

AI extract

What is this about?

The court dismissed the writ petition for instruction to halt land measurement and creation of disturbance, ruling that the appropriate remedy was to seek further relief in the pending pending writ petition where an interim order already existed.

What did the court decide?

Written petition dismissed with direction to file application for interim relief in pending Writ C No. 2690 of 2023.

Jagdish Prasad and 2 Others Vs State of U.P. Thru. Prin… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54962-DB

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Court No. - 3

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Case :- WRIT - C No. - 6831 of 2024

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Petitioner :- Jagdish Prasad And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 10 Others Counsel for Petitioner :- Krishn Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioners and learned Standing Counsel, who appears on behalf of the State-respondents.

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This writ petition has been filed with the following main prayers :-

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(i) issue a writ order of direction in the nature of Mandamus commanding the opp. parties not to make measurement of land of Gata No 801 and 913 situate at Village Saindar Tehşil Fatehpür District Barabanki.

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(ii) issue a writ of Mandamus commanding the opposite parties not to create disturbance in peaceful possession of the petitioners over the land in question in the Interest of justice.

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It is the case of the petitioners that the respondent nos. 5 to 10 (the private respondents) are disturbing the peaceful possession of the petitioners over the land of Gata Nos. 801 & 913, situated at Village-Saindar, Tehsil-Fatehpur, district-Barabanki. After consolidation operations started in the village, the petitioners filed Writ C No. 2690 of 2023, Jagdish Prasad And Others Vs. Commissioner, Ayodhya Division, Ayodhya and Others,where this court has been pleased to grant an interim order directing the respondents to maintain status-quo with regard to the possession over the property in dispute. After such interim order dated 06-04-2023, the petitioners filed an application before the Consolidation OfÏcer on 3006-2023, on which an endorsement has been made by the Consolidation OfÏcer to the Assistant Consolidation OfÏcer saying that the status-quo be maintained with respect to the property in question. However, the private respondents are

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disturbing the possession of the petitioners with the help of the tehsil authorities, who started measurement of the land.

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If the petitioners are claiming the benefit of the interim order granted on 06-04-2023 in Writ C No. 2690 of 2023, the appropriate course for the petitioners would to file an application for further interim relief in pending Writ C No. 2690 of 2023. Hence, this writ petition, for the relief as claimed, is not maintainable. It is dismissed .

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Order Date :- 9.8.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Jagdish Prasad and 2 Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko and 10 Others

Case brief

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Jagdish Prasad and 2 Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko and 10 Others

Case brief

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