Ramjeet vs State Of U P And 2 Others
2021 Latest Caselaw 1874 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 495 of 2021
 

 
Petitioner :- Ramjeet
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Sunil Kumar Upadhyay,Vivek Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

Heard counsel for petitioner and learned Standing Counsel for respondents.

This petition under Article 227 of Constitution of India has been filed for following reliefs:

"(i) Issue a order or direction setting aside impugned order dated 13.9.2016 passed in Misc. Suit No. 88 and order dated 27.9.2018 passed in Misc. Appeal No.29 of 2018 (Ramjeet vs. Forest Department) regarding the arazi gata no. 3402Ka/18-13-0 and 3408Ka/3-3- situated in village Kuldumari, Pargana Singrauli, Tehsil Duddhi, District Sonbhadra Passed by the respondent no.2 and order dated 27.9.2018 passed in Misc. Appeal No.29 of 2018 by the Additional District Judge, Anpara, situated at Obera District Sonbhadra in Misc. Appeal No.29 of 2018 (Ramjeet vs. Forest Department) rejecting the review application of the petitioner, and order dated 13.9.2016 passed by Settlement Officer of Forest, Sonbhadra in Misc. Suit no. 88 (under section 9/11 of Indian forest Act (Ramjet vs. Forest Department) (annexure No.1 and 4 to the petition).

(ii) Issue an order or direction commanding the respondents not to dispossess the petitioner from disputed arazi gata no.3402Ka/18-13-0 and 3408Ka/3-3- situated in village Kuldumarii, Pargana Singrauli, Tehsil Duddhi, District Sonbhadra till the dispute is settled by the high power committee as direction given by the hon'ble Apex court judgment reported in Banwari Seva Ashram Case in 1986(4) S.C.C.page 753.

(iii) issue any other further order or direction as this hon'ble Court may deem fit and proper in view of the facts and circumstances of the case.

(iv) Award cost of the petition to the petitioner"

At the very outset, learned counsel for petitioner submits that controversy involved in present petition is squarely covered by judgement of this Court dated 4.3.2020 passed in Matter Under Article 227 No. 1732 of 2020 (Shivprasad Vs. State of U.P. and 2 Others).

Learned Standing Counsel does not dispute the submission urged by learned counsel for petitioner.

In view of above, present petition is allowed on the same terms and conditions mentioned in the order dated 4.3.2020 passed in Matter Under Article 227 No. 1732 of 2020 (Shivprasad Vs. State of U.P. and 2 Others). Impugned orders dated 13.9.2016 and 27.9.2018 are hereby quashed. Authority concerned shall pass a fresh order in the light of observation contained in order dated 4.3.2020.

Order Date :- 2.2.2021

Swati