Allahabad High Court
Devendra Kumar Jain vs State Of U.P. Thru. Prin. Secy. Revenue ... on 24 October, 2024
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:71911-DB Court No. - 2 Case :- WRIT - C No. - 9193 of 2024 Petitioner :- Devendra Kumar Jain Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 8 Others Counsel for Petitioner :- Amitesh Pratap Singh,Abhijeet P. Singh Chauhan,Ashutosh Goswami,Devendra Nath Pandey,Manoj Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J.
Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
2. Appeal against the demarcation order has already been filed and is pending before the Commissioner, Ayodhya along with an application for interim relief. The case of the petitioner is that the petitioner has temporary injunction in his favour in respect of some of the Gatas which was the subject matter of demarcation, from the Civil Court.
3. In this view of the matter, we direct the Commissioner, Ayodhya to kindly consider the application for interim relief filed in the said appeal expeditiously, and pass appropriate orders as per law after hearing the parties or ex-parte, if they are not co-operating, within 15 days.
4. In the meantime, while implementing the demarcation order, the authority, the Sub Divisional Magistrate concerned shall see as to whether there is any temporary injunction by the Civil Court in respect of the land in question and what would be the consequences thereof, on the implementation of the demarcation unless the said aspect has already been considered.
5. However, it is made clear that we have not entered into the merits of the rival claim.
6. Orders within 24 hours.
7. The writ petition is disposed of.
Order Date :- 24.10.2024 Pks [Brij Raj Singh,J.] [Rajan Roy, J.]