Babu Lal vs District Magistrate, ...
2013 Latest Caselaw 3391 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- MISC. BENCH No. - 5414 of 2013
 

 
Petitioner :- Babu Lal
 
Respondent :- District Magistrate, Distt.Pratapgarh & Others
 
Counsel for Petitioner :- Sakha Ram Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satyendra Singh Chauhan,J.

Hon'ble Devendra Kumar Arora,J.

Supplementary affidavit filed today is taken on record.

Heard counsel for the parties.

Notice on behalf of opposite party nos.1 to 3 has been accepted by the learned Standing Counsel.

Issue notice to opposite party nos.4 and 5.

The petitioner is aggrieved by the order, Annexure-1, by means of which the Sub Divisional Magistrate has proceeded to direct the Naib Tehsildar, Lalganj/Incharge Inspector, Kotwali, Lalganj that demarcation be done within three days.

It is stated that a civil suit has been filed by the petitioner and the civil court has proceeded to issue a commission and a report has also been submitted by the Amin. Therefore, the Court is already seized with the matter and the property in question is a property falling within the jurisdiction of the Civil Court, as such any order for demarcation by the revenue authorities would not be justified in the facts and circumstances of the case.

Accordingly, orders dated 06.06.2013 and 07.05.2013 are hereby stayed.

Order Date :- 25.6.2013

A.Nigam