Sri Chandra And Another vs State Of U.P. Through D.M. And ...
2019 Latest Caselaw 448 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 53785 of 2008
 

 
Petitioner :- Sri Chandra And Another
 
Respondent :- State Of U.P. Through D.M. And Others
 
Counsel for Petitioner :- Jitendra Pal Singh
 
Counsel for Respondent :- C.S.C.,Mansoor Ahmad
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Pradeep Kumar Srivastava,J.

This writ petition has been filed on the ground, interalia, for the following reliefs:

(i) issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere peaceful possession over the khasra no. 36 area 0.152 hectares situated in Village Alamgirpur, Pergana Puth, Tehsil Garhmukteshwar, District Ghaziabad;

(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to use any coercive measure against the petitioners in pursuance of notice dated 7.4.2003 issued by the respondent no. 2;

(iii) issue any suitable order or direction in which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;

(iv) to award the cost of petition to the petitioners.

Heard learned counsel for the petitioners and perused the record. No one is present on behalf of respondent nos. 2 and 3 even in revised call.

From perusal of record, it appears that by interim order dated 18.10.2008 this Court directed that in case petitioners are in possession they will not be dispossessed from the disputed land by respondent nos. 2 and 3 except in accordance with law. The said interim order passed by this Court is still continuing.

Having regard to the facts and circumstances of the case and submissions advanced by the learned counsel for the petitioners, this writ petition is finally disposed of with the direction to the respondents not to dispossess the petitioners from the land in dispute if they have not already been evicted except in accordance with law.

Petition is finally disposed of with the aforesaid observations.

Order Date :- 5.3.2019

RCT/-