Ram Asrey vs The State Of U.P And Ors.
2022 Latest Caselaw 1022 ALL

Citation : 2022 Latest Caselaw 1022 ALL
Judgement Date : 8 April, 2022

Allahabad High Court

Ram Asrey vs The State Of U.P And Ors. on 8 April, 2022

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- APPLICATION U/S 482 No. - 5399 of 2014
 
Applicant :- Ram Asrey
 
Opposite Party :- The State Of U.P And Ors.
 
Counsel for Applicant :- Manjeet Singh
 
Counsel for Opposite Party :- Govt. Advocate,Manoj Kumar Mishra,Ravendra Prasad Misra
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for respondent no. 1 to 3 as well as learned counsel for respondent no. 4 to 6.

At the outset learned counsel for private respondents submits that regarding the disputed gata number in question, civil suit filed by respondent no. 4 to 6 has been decreed ex-parte against the petitioner and others and they have restrained by way of a permanent injunction not to interfere into the peaceful possession of the respondents vide order and judgment dated 14.02.2010. He further submits that in view of the fact that civil suit has adjudicated the question of possession, the petition has become infructuous.

Learned counsel for the petitioner submits that the proceedings regarding the title of the land in question are pending before the court of Consolidation Officer and specific pleading in this regard has been taken in para 6 of the petition.

On due consideration to the argument advanced as well as perusal of the record, so also in view of the judgment of the Supreme Court in the case of "Amresh Tiwari v. Lalta Prasad Dubey, (2000) 4 SCC 440", since the suit for permanent injunction filed by respondent has been decreed against the petitioner and also the title suit is pending before the competent court, the proceedings impugned in respect of same property where possession is involved cannot be permitted to continue and therefore, the present petition in view of the aforesaid facts has become infructuous. The petition is dismissed as infructuous.

The order dated 14.02.2022 supplied by learned counsel for private respodents is taken on record.

Order Date :- 8.4.2022

R.C.