Jaygovind vs State Of U.P. And 2 Others
2022 Latest Caselaw 1829 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2376 of 2022
 

 
Petitioner :- Jaygovind
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vivek Kumar Shukla,Ramesh Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,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 4.1.2021 passed in Misc. Suit No. 297/1701 by the respondent no. 2, Settlement Officer of Forest, Sonbhadra (under Section 9/11 of Indian Forest Act (Jaygovind Vs. Forest Department) and order dated 2.12.2021 passed in Misc. Appeal No.28 of 2021 (Jaigovind Vs. Forest Department) by the Additional District Judge, Anpara, situated at Obera District Sonbhadra regarding the arazi gata no. 15930 Rakba-02-17-00 situated in village Kuldumari, Pargana Singrauli, Tehsil Duddhi, District Sonbhadra

(ii) Issue an order or direction commanding the respondents not to dispossess the petitioner from disputed arazi gata no.15930 Rakba 02-17-00 situated in village Kuldumari, 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 4.1.2021 and 2.12.2021 are hereby quashed. Authority concerned shall pass a fresh order in the light of observation contained in order dated 4.3.2020.

Order Date :- 29.4.2022

Rmk.