Court No. - 4 Case :- WRIT - C No. - 27996 of 2008 Petitioner :- Shri Ram Mohan Respondent :- State Of U.P. Thru' Collector & Others
Petitioner Counsel :- S.C. Tiwari
Respondent Counsel :- C.S.C.
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Suit was filed by the plaintiffpetitioner seeking a decree of
permanent injunction to restrain the defendantrespondent from
interfering in his peaceful possession over the suit property and
not to raise any construction forcibly. An application for temporary
injunction was also moved. Both the courts below have rejected
the temporary injunction application.
It is contended that the land in dispute was allotted to the petitioner
by the Gaon Sabha. Both the courts below have recorded a
categorical finding after appraising the evidence brought on record
that plaintiffpetitioner had failed to establish that he was in
possession over the suit property or it was ever allotted to him by
the Gaon Sabha. The courts below have further recorded a finding
that the land in dispute is recorded as ‘navin parti’ in the revenue
record. Further finding has been recorded that the defendants
have already completed the construction of school building over
the land in dispute.
Learned counsel for the petitioner has failed to point out any such
infirmity or illegality in the finding recorded by the two courts
below, which may warrant any interference by this Court.
The writ petition, accordingly, fails and stands dismissed.
02.04.2010
VKS/ WP 27996/08