Allahabad High Court
Ram Ajor And 7 Others vs State Of U.P. Thru. Prin. Secy. Revenue ... on 21 March, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:24907 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1427 of 2024 Petitioner :- Ram Ajor And 7 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko And Another Counsel for Petitioner :- Sachindra Dwivedi,Salik Ram Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J.
Heard.
The present petition has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased set aside the judgment and order dated 10.01.2023 and 16.12.2023 passed by the learned civil judge (S/D) Gonda (Ram Ajor and ors Versus State of U.P. and others) as well as Additional district judge/ session judge room no.5 Gonda, contained as annexure no.1 & 2 to this petition.
It is further prayed that this Hon'ble court may kindly be pleased to direct the respondents /authorities concern not to construct any building upon the gata no.2690 Ka & Gha situated in Village and post village-Dharighat (Gharighat), Pargana-Budhapayar, Tahsil-mankapur, District-Gonda during pendency of the present petition."
On being confronted on the issue settled regarding causing interference by the higher Courts in the discretionary orders of the trial court in judgments of Hon'ble Apex Court in case of Wander v. Antox India Pvt. Ltd.; 1990 Supp SCC 727 and in Mohammad Shafeeq v. Mirza Mohammad Husain; (2002) 9 SCC 460, learned counsel for the petitioners, after arguing at some length, prays that he may be permitted to withdraw the present petition with liberty to pursue the suit in issue before court concerned.
Accordingly, the present petition is dismissed with liberty as aforesaid.
Order Date :- 21.3.2024 Harshita