Paras Nath vs State Of U.P. And 2 Others
2021 Latest Caselaw 1908 ALL

Citation : 2021 Latest Caselaw 1908 ALL
Judgement Date : 2 February, 2021

Allahabad High Court

Paras Nath vs State Of U.P. And 2 Others on 2 February, 2021

Bench: Prakash Padia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 531 of 2021
 

 
Petitioner :- Paras Nath
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Yogesh Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

Heard Mr. Yogesh Kumar Mishra, learned counsel for petitioner and learned Standing Standing Counsel for respondents.

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

"(i) To set-aside the impugned order dated 28.06.2016 in Misc. Suit No. 1583 regarding the arazi No. 536 ka area 3-0-0 Bigha situated in village- Parsoi, Pargana- Agori, Tehsil-Robertsganj, District Sonebhadra passed by respondent no.2 and order dated 22.03.2018 in Misc. Civil Appeal No. 92 of 2016 regarding the arazi No. 536 ka area 3-0-0 Bigha situated in Village - Parsoi, Pargana-Agori, Tehsil-Robertsganj. District Sonebhadra passed by Additional District Judge Anpara situated at Obara Sonbhadra against the petitioner (Annexure-1 and 3 respectively to the petition)

(ii) To issue an order or direction commanding the respondents not to dispossess the petitioner from the plot in dispute till the dispute is settled by the High Power Committee as direction given by the Hon'ble Supreme Court Judgment reported in Banwasi Sewa Ashram Case in 1986 (4) SCC Page 753.

(iii) issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(iv) To award the costs of the writ 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 9.5.2018 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

SKM