Sant Lal and 2 Others v. State of U.P. and 4 Others

Court No. - 52 Case :- WRIT - C No. - 40724 of 2023 Petitioner :- Sant Lal And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Pravesh Pandey Counsel for Respondent :- C.S.C,Azad Rai Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Ram Pravesh Pandey, learned counsel for petitioner and learned Standing counsel for State respondents.

¶2Present petition has been filed seeking following reliefs: "(i) to issue a writ, order or direction in the nature of certiorari for quashing the order dated

28.01.2023 and 31.08.2022 passed by the Tehsildar, Tehsil Handia, District-Prayagraj in Computer Case no. T202202030400004 (Gaon Sabha versus Sant Lal), T2022020304000011 (Gaon Sabha versus Lal Mani) and T2022020304000014 (Gaon Sabha versus Ghanshyam) under Section 67(1) of the U.P. Revenue Code-2006 (contained in Annexure no. 3 to the writ petition) or by giving liberty to the petitioner for moving restoration application as provided under Section 209 of the U.P. Revenue Code, in the better interest of justice.

(ii) to issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities not to demolish the houses of the petitioners constructed over the plot in dispute till proper demarcation and disposal of the restoration application against the order referred to above."

¶3At the very outset, learned counsel for petitioner submitted that several other aggrieved persons approached this Court regarding the similar eviction order of same plot by filing a Writ petition no. 7764 of 2023 (Amarnath and 4 others versus State of U.P. and 4 others) wherein co-ordinate Bench passed the order dated

15.03.2023 (appended as Annexure 6 to the petition) and prayed that the instant petition may also be disposed of in terms of the said judgment.

¶4Learned Standing counsel for State respondents has no objection in case the instant petition is also disposed of in terms of aforesaid judgment dated 15.03.2023.

¶5In view of the aforementioned facts and circumstances, the instant petition is hereby disposed of in terms of the order and direction passed in Writ C no. 7764 of 2023 (Amarnath and 4 others versus State of U.P. and 4 others) vide order dated

15.03.2023. Order Date :- 28.11.2023 Shaswat High Court of Judicature at Allahabad