Allahabad High Court
Raj Mohammad And Another vs State Of U.P. Thru. Prin. Secy. Home U.P. ... on 29 May, 2024
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:40587-DB
Court No. - 3
Case :- WRIT - C No. - 4811 of 2024
Petitioner :- Raj Mohammad And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. And 3 Others
Counsel for Petitioner :- Desh Mitra Anand,Utkarsh Anand
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Brij Raj Singh,J.
(1) Heard the learned counsel for the petitioners and the learned Standing counsel who appears for the State-respondents nos.1 to 4.
(2) This petition has been filed by the petitioners for the following main prayer:-
"1) a writ, order or direction in the nature of Mandamus commanding upon the Opposite parties nos.1 to 4 to honor the Judgement and Decree passed by Musif Kheri in favour of the petitioners. Annexure as Annexure Nos.1 and 2 to this writ petition."
(3) It is the case of the petitioners that father of the petitioners was in possession of Abadi land in Village Mjhgai, Nighasan, District Kheri since long but the Gram Pradhan due to political enmity initiated the proceedings under Section 122-B of the U.P.Z.A. & L.R. Act. The Assistant Collector/ Tehsildar, Nighasan, District Kheri, passed an order on 31.01.1991 for taking back notice issued under Rule 49-C. After such proceedings were concluded the father of the petitioners filed a Civil Suit No.738 of 1992 [Hanif Khan Vs. Land Management Committee, Gram Majghai] for Permanent Injunction saying that his house was situated over the land in question for the past 20 years but his possession was being interfered with by the Gram Pradhan alongwith police who wanted to establish a Police Station over it. The Court passed an Ex-parte Decree on 16.04.1994 directing that the petitioners Hanif Khan's possession over his house may not be disturbed. After this Ex-parte Decree, the respondents kept quiet for sometime and now they have started construction over the land of the petitioners and disturbed their possession, therefore, this petition has been filed with the aforesaid prayers.
(4) We have gone through the instructions sent by the Incharge Inspector of Police Station Majghai, District Kheri, a copy of which has been produced before this Court by the learned Standing Counsel. In the said instructions, there is a reference of Ex-parte Injunction granted on 16.04.1994 but it has also been stated that 8446.20 Sq. Meter of Gata No.1124 of the land in question has been allotted / reserved by the Revenue Department for construction of police station thereon. The PWD is making such construction but the Assistant Engineer Incharge, has informed that the petitioners are obstructing such construction by setting up a Tin Shade over the land in question.
(5) We have gone through the Ex-parte Decree passed by the Munsif / Civil Judge (Junior Division), in Regular Case No.738 of 1992, it does not mention any plot number on which a Permanent Injunction has been granted to the father of the petitioners. The Decree/ Judgment and Order dated 16.04.1994 has only referred to the order dated 02.05.1989 passed in some Regular Suit No.535 of 1988 [Hanif Khan Vs. Mohd. Liyas] an order passed by the Tehsildar / Assistant Collector on 31.01.1991 and 12.03.1992 in proceedings initiated under Section 122-B of the U.P.Z.A. & L.R. Act.
(6) We have also gone through the order dated 31.01.1991 in Case No.45 initiated by the Gaon Sabha under Section 122-B of the U.P.Z.A. & L.R. Act against one Mohammad Hanif Khan, wherein also there is no mention of any Gata number it only mentions notice being issued under Rule 115 and Notice issued under Rule 49 of the Rules, having been served upon Mohammad Hanif and a Decree dated 02.05.1989 passed in Civil Suit No.535 of 1988 between two private parties.
(7) The counsel appearing for the petitioners has pointed out the plaint filed by the father of the petitioners, a copy of which has been filed as Annexure to the petition and in Paragraph-5 of such plaint there is a mention of Gata No.1124/0.10 Acre on which proceedings were initiated under Section 122-B of the U.P.Z.A. & L.R. Act which were finally disposed of on 12.03.1992 by the Tehsildar, Nighasan. The allegations in the plaint were that 10 decimal of land of Gata No.1124 was allotted as Abadi site to the plaintiff by the Gaon Sabha concerned.
(8) Since neither the instructions sent by the Inspector Incharge of Police Station Majghai, District Kheri, nor the pleadings on record mention the Gata on which the Police Station is being constructed and the Ex-parte Decree or order of the Tehsildar, Nighasan, also do not mention the Gata number on which 10 decimals was allotted to the father of the petitioners for construction of his house, this Court cannot pass any order, as prayed for, by the petitioners in this writ petition.
(9) Hence, this writ petition stands disposed of with a direction to the petitioners to approach the Appropriate Court for Execution of the judgment and order dated 16.04.1994.
Order Date :- 29.5.2024
N.PAL
