Dharm Raj vs State Of U.P., Thru. Collector, ...
2011 Latest Caselaw 1626 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- MISC. BENCH No. - 4469 of 2011
 

 
Petitioner :- Dharm Raj
 
Respondent :- State Of U.P., Thru. Collector, Pratapgarh & Others
 
Petitioner Counsel :- C.B. Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Devi Prasad Singh,J.

Hon'ble S.C. Chaurasia,J.

Heard learned counsel for the parties and perused the record.

Submission of learned counsel for the petitioner is that with regard to land in question, Civil Suit is pending, even then the opposite parties are interfering with the peaceful possession  over the land in question.

Since the suit is pending before the competent court and moreso, the controversy relates  between the private parties, no case for interference under Article 226 of the Constitution of India is made out.

It has been brought to the notice of the Court that the application under Order 39 Rule 1 and 2 C.P.C. is pending before the Competent Court.

Accordingly, we dispose of the writ petition with the direction to the concerned Court to decide the petitioner's application moved under Order 39 Rule 1 and 2 C.P.C. within a period of six weeks from the date of production of certified copy of this order. 

Subject to above, the writ petition stands disposed of.

Order Date :- 11.5.2011

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