Tej Shankar Awasthi vs State Of U.P. And 4 Others
2023 Latest Caselaw 26358 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:186311
 
Court No. - 47
 

 
Case :- WRIT - C No. - 29711 of 2023
 
Petitioner :- Tej Shankar Awasthi
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Saroj Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Manish Kumar Nigam,J.

1. Heard learned counsel for the parties.

2. The present writ petition has been filed for the following main relief :-

"i) Issue a writ, order or direction in the nature of certiorari calling for records and quashing the impugned order dated 30.04.2022 passed by respondent no.4 in suit no.3219 of 2022 (Computerized no.T202214180403219 (Mukh Ram and others vs. State).

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in peaceful possession of the petitioner over the land no.212 Kha area 49-4/7 decimal situate at Village-Mahewa, Pargana-Dhoos, Tehsil and District - Chandauli and may further be pleased to not take dig the land of the petitioner in order to construct ponds in pursuance of the impugned order dated 30.04.2022 passed by respondent no.4 in Suit no.3219 of 2022 (Computerized Suit no. T202214180403219, Mukhram and another vs. State."

3. Contention of learned counsel for the petitioner is that against the same impugned order, the writ petition was filed by one of the co-tenure holder namely Kamla Kant in Writ C No.22793 of 2022 (Kamla Kant vs. State of U.P. and 4 others) before this Court and this Court, vide its order dated 18.8.2022 has allowed the writ petition and the impugned order dated 30.4.2022 was set aside. Respondent No.4 was given liberty to pass fresh order strictly in accordance with law.

4. It has also been contended that one of the other co-tenure holder Chandra Shankar Singh @ Shashi Singh filed the writ petition being Writ C No.28623 of 2023 (Chandra Shankar Singh @ Shashi Singh vs. State of U.P. and 5 others) against the same order. The aforesaid writ petition was also allowed by this Court vide judgment and order dated 19.9.2023 and the order dated 30.4.2022 was quashed. Copy of the order dated 19.9.2023 is passed on to this Court and the same is taken on record.

5. Learned Standing Counsel could not deny the fact that the same order has been quashed by this Court in other two writ petitions filed by the other co-tenure holders.

6. In view of the above, this writ petition is also allowed in terms of the order dated 18.8.2022 passed by this Court in Writ C No.22793 of 2022 (Kamla Kant vs. State of U.P. and 4 others).

Order Date :- 26.9.2023

Rishabh

[Manish Kumar Nigam, J.]