Court No. - 4 Case :- WRIT - C No. - 43454 of 2010 Petitioner :- Amandeep Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjay Srivastava Respondent Counsel :- C.S.C. Hon'ble Krishna Murari, J.
Connect with Civil Misc. Writ Petitions No. 41187 of 2010 and 41189 of
2010.
Heard learned counsel for the petitioner.
In the suit for injunction filed by the petitioner, trial court granted temporary
injunction. The defendant-respondents went up in appeal which has been
allowed.
It is contended by learned counsel for the petitioner that the petitioner
purchased the property from the respondents no. 5, 6 and 7 and the suit filed
for cancellation of the sale deed has already been dismissed but ignoring this
fact, the appeal has wrongly and illegally been allowed on the finding that the
status of ‘Bhumidhar’ is that of tenant and as such, no injunction can be
granted against the State authorities as the State is the owner of the property.
It has further been contended that under the provision of U.P. Zamindari
Abolition & Land Reforms Act, ‘Bhumidhar’ has all rights to enjoy the
property including transfer.
Learned Standing Counsel representing the State respondents no. 1 to 4 may
file counter affidavit within four weeks.
Issue notice to respondents no. 5, 6 and 7, who may file counter affidavit.
Petitioner shall take steps to serve the respondents by registered post within
ten days.
Office shall issue notices returnable at an early date.
List for admission along with connected writ petitions no. 41187 of 2010 and
41189 of 2010 on the date fixed by the office in the notice.
Until further orders of this Court, effect and operation of the order dated
10.02.2010 passed by the Additional District Judge, (Court no. 1), Rampur in
Civil Misc. Appeal No. 21 of 2009, State of U. P. Vs. Amandeep and others
and Civil Misc. Appeal No. 24 of 2009, Gurmez Singh and others Vs.
Amandeep and others, shall remain stayed.
Order Date :- 27.7.2010
Dcs