Court No. - 33 Case :- WRIT - C No. - 36356 of 2010 Petitioner :- Eadal Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- O.P. Rai Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Ran Vijai Singh,J.
Through this writ petition the petitioner has prayed for issuing a writ of
mandamus directing the respondent no. 2 to restrain the respondent nos. 3 to 6
to take over the possession of the land in dispute which is subject matter of
the suit no. 49 of 2008 filed under Section 229 B of U.P.Z.A. and L.R. Act by
the petitioner.
It is submitted by Sri O.P. Rai, learned counsel for the petitioner that in
respect of property in dispute the petitioner had filed the suit no. 49 of 2008
which was dismissed by Sub Divisional Magistrate Dibai, District
Bulandsahar on 8.5.2007. Aggrieved by that order the petitioner has preferred
an appeal no. 31 of 2006-2007 before the Commissioner Meerut Division,
Meerut Eadal Singh Vs. Satya Veer and others which was allowed by the
Additional Commissioner, Meerut Division, Meerut and the matter was
remanded before the trial Court.
It is further contended by the learned counsel for the petitioner that during the
pendency of the suit as well as appeal the land in dispute has not been in
possession to respondents no. 3 and 4 and now they are trying to dispossess
the petitioner who has been and is in possession of the land. In the
submissions of learned counsel for the petitioner, the petitioner cannot be
dispossessed from the land in dispute particularly in the circumstances when
the appeal of the petitioner has been allowed by the Additional
Commissioner. He further submits if the respondents are not restrained from
dispossessing the petitioner he would suffer irreparable loss and injury.
I have heard the leaned counsel for the petitioner and learned Standing
Counsel appearing for the respondent no. 1 and have gone through the order
passed by the Additional Commissioner remanding the appeal before the trial
Court.
From the perusal of the record it transpires that the petitioner is claiming his
title on the basis of adverse possession, whereas the suit in respect thereto is
pending now in this situation it would be appropriate for the petitioner to file
an application in the suit filed under Section 229 B by him before the Sub
Divisional Magistrate. In case such an application is filed before the Sub
Divisional Magistrate Dibai, Bulandsahar the same shall be considered and
decided at the earliest.
Subject to above observations, the writ petition is disposed of.
Order Date :- 23.6.2010
Manoj