Allahabad High Court
Ankush Raj Vishwakarma vs District Magistrate, Sitapur & Ors. on 2 June, 2020
Bench: Pankaj Kumar Jaiswal, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH In Chamber Case :- MISC. BENCH No. - 8289 of 2020 Petitioner :- Ankush Raj Vishwakarma Respondent :- District Magistrate, Sitapur & Ors. Counsel for Petitioner :- Lalji Prasad Shukla,Dinesh Kumar Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Saurabh Lavania,J.
When the matter was taken up today through Video Conferencing, Sri Lalji Prasad Shukla, learned counsel for the petitioner and Sri S.S. Chauhan, learned Counsel for the respondents-State appeared.
This writ petition has been filed by the petitioner on the ground that his parental house is situated in Abadi land and not on Gata No. 347 Kha., whereas the private respondents have filed a Civil Suit before the Civil Court and on 13.03.2019 an injunction order has been passed therein. On the strength of the injunction order, the private respondents with the help of the police personnel of the concerned police station are trying to dispossess the petitioner from his parental land.
It is undisputed that the proceedings of 145 Cr.P.C. are going and the petitioner is a party in the Civil Suit, pending before the Civil Court.
Considering the fact that the dispute between the petitioner and the owner of Gata No. 347 Kha. is private in nature and in this regard, a Civil Suit is pending and moreover, proceedings of 145 Cr.P.C. are also going on and therefore, at this stage, we are not inclined to entertain the writ petition under Article 226 of the Constitution of India. However, liberty is granted to the petitioner to approach before Revenue Authority concerned for demarcation of area of Gata No. 347 Kha. under the U.P. Revenue Code, 2006 and file appropriate application for modification or clarification of the injunction order passed by the trial court.
With the aforesaid, the writ petition is disposed of.
Order Date :- 2.6.2020 Arun/-