Ravindra Kumar & Ors. vs D.M., Kheri & Ors.
2019 Latest Caselaw 5992 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- MISC. BENCH No. - 18574 of 2019
 

 
Petitioner :- Ravindra Kumar & Ors.
 
Respondent :- D.M., Kheri & Ors.
 
Counsel for Petitioner :- Anil Kumar
 
Counsel for Respondent :- C.S.C.,Yogendra Nath Yadav
 

 
Hon'ble Anil Kumar,J.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos. 1 to 3.

The dispute involved in the present case is severe in nature.

Learned counsel for the petitioners submit that the land recorded as Gata No. 313/0.5870 hec., 313/0.5670 hec. situated at Village Baraula, Pargana Bhund, Tahsil Lakhimpur Kheri, District Kheri is recorded in the name of the petitioners.

Learned counsel for the petitioners further submits that on the said land by way of the mortgage, the petitioner has already taken loan from the Allahabad Bank. He further submits that the Village Pradhan, who has the enmity with the petitioners, with the vindictive motive and purpose wants to construct the Kanji House on the land in question without any authority. In this regard, the petitioners have made a representation to the authorities concerned but no heed has been paid. As such, for redressal of their grievance, the petitioners have approached this Court with the prayer that the opposite parties may be restrained from making construction of Kanji House on the land in dispute.

After hearing the learned counsel for the parties and going through the record, we feel it appropriate that the justice would suffice if the petitioners are permitted to make a representation in respect of the grievance, which has been raised in the present writ, to opposite party No. 2-Up Ziladhikari Kadipur, Tahsil Lakhimpur Kheri and on raising the grievance by the petitioners, the said authority, after making necessary spot inspection and going through the record, shall pass an appropriate order.

For the foregoing reasons, the writ petition is disposed of with the direction that if the petitioners in respect of their grievance make a fresh representation to the opposite party No. 2-Up Ziladhikari Kadipur, Tahsil Lakhimpur Kheri within a period of two weeks from today alongwith the certified copy of this order, annexing all the relevant documents and material in support of their case, the opposite party No. 2-Up Ziladhikari Kadipur, Tahsil Lakhimpur Kheri within a further period of four weeks shall decide the same after giving the opportunity of hearing to the petitioners and keeping in view the the observations made hereinabove.

For the period of eight weeks or till the representation is decided by the opposite party No. 2-Up Ziladhikari Kadipur, Tahsil Lakhimpur Kheri, the parties are directed to maintain the status-quo as it exits at present.

[Saurabh Lavania,J.] [Anil Kumar,J.]

Order Date :- 9.7.2019

Arun/-