High Court
Case Details
Court No. - 40 Case :- WRIT - C No. - 32709 of 2021 Petitioner :- Parbati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar,Nand Lal Yadav Counsel for Respondent :- C.S.C.,Pramod Kumar Singh Hon'ble Vivek Kumar Birla,J. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Instructions filed by Sri Jai Singh Chandel, learned Standing Counsel are taken on record. Heard Sri Nand Lal Yadav, learned counsel for the petitioner, Sri Jai Singh Chandel, learned Standing Counsel for the respondent nos.1 & 2, Sri Pramod Kumar Singh, learned counsel appearing for respondent no.3 and Sri H.K. Asthana, learned counsel appearing for the respondent nos.4 and 5. This Court on 08.12.2021 while entertaining the present writ petition proceeded to pass the following order: "Petitioner claims to be a co-sharer of Plot No.571 situated in Village Takola, Tahuki, Dulramai, Block and Tehsil Jalalabad, District Shahjahanpur and has approached this Court with a grievance that the Gram Pradhan is illegally and arbitrarily constructing Panchayat Bhawan on her land without any acquisition or consent on her part. Attention of the Court has been invited to an order of the District Magistrate, Shahjahanpur dated 20th November, 2021 and it is urged that despite intervention by the District Magistrate, the illegality on part of the Gram Pradhan continues. Learned Standing Counsel may obtain instructions by the next date. The authorities shall ensure that without any acquisition or consent on part of the petitioner, no construction is raised over the petitioner's land. List on 22nd December, 2021 as fresh. Learned counsel for the petitioner will also serve the notice upon the counsel appearing for the Gram Pradhan within 24 hours in order to enable him to obtain instructions." Thereafter on 06.01.2022, 24.01.2022, 22.02.2022 and 04.04.2022 the following orders were passed in the present writ petition: "06.01.2022 Learned counsel for the Gaon Sabha is in receipt of instructions, according to which the subject land is now recorded in the name of Aruna Devi. She had gifted the land to the Gaon Sabha for construction of Panchayat Bhawan over it. Let counter affidavit be filed bringing on record the stand of the respondents, with the supporting evidence. Put up as fresh on 24 January 2022." "24.01.2022 It is a case of the petitioner that Aruna Devi, treating the petitioner's land as her own had gifted the same to the Gaon Sabha. Learned counsel for the petitioner may implead Aruna Devi in the array of the parties. Place this case as a fresh case on 17.2.2022." "22.02.2022 Counsel for the petitioner prays for and is granted two weeks time to file rejoinder affidavit. Put up as fresh on 22.3.2022. " "04.04.2022 Order on Impleadment Application No.4 of 2022 This impleadment application is allowed. Office is directed to carry out necessary amendment in the array of parties. Order on the Memo of Writ Petition List again as fresh on 18.4.2022 along with connected matter in the next week, showing the name of Sri Sher Bahadur Singh as counsel for the Respondent- Gaon Sabha. In the meantime, learned Standing Counsel may seek instructions or may file counter affidavit in view of the fact that the District Magistrate has also noted that construction is being raised in an unauthorized manner." This is a petition under Article 226 of the Constitution of India being sought to be initiated by the petitioner for a writ, order or direction in the nature of mandamus commanding the respondent no.2 to comply its order dated 20.11.2021 and restrain the respondent no.3 from constructing the Panchayat Bhawan over Gata No.571, admeasuring 0.1740 hectare recorded in the name of the petitioner as well as in the name of her sons, situated at Village Takola, Tahuki, Dulramai, Block and Tehsil Jalalabad, District Shahjahanpur. Learned counsel for the petitioner while addressing the Court has sought to argue that the land being Khata No.40, Gata No.571, admeasuring 0.1740 hectare is recorded in the revenue record in the name of the petitioner alongwith her sons being Netrapal and Ramesh and allegation has been sought to be levelled in the present writ petition that the respondent no.3 on the strength of the fact that he happens to be the present Pradhan is trying to illegally encroached upon and make illegal constructions over Gata No.571, admeasuring 0.1740 hectare, khatauni referable to fasli year 1417-1422. Today, when the matter was taken up, Sri Jai Singh Chandel, learned Standing Counsel has forwarded a copy of the instructions dated 25.01.2022, so received by him, under the signature of Sub-Divisional Officer, Jalalabad, District Shahjahanpur in connected Writ (C) No.1088 of 2022 (Smt. Aruna Devi Vs. Sate of U.P. and Others). He argued that the controversy so sought to be raised in both the petitions pertains to the same gata itself and thus on the strength of the instructions so received in connected writ petition has made a statement at bar while referring to paragraph no.7 of the instructions so received that the further constructions and encroachment over the gata in question has been forestalled. When confronted with the said situation, learned counsel for the petitioner has made a statement at bar that now the writ petition has rendered infructuous but he has requested that the facts pertaining to stand taken with respect to encroachment and construction so sought to be reflected in the instructions may also be taken note of while deciding the present writ petition. Sri H.K. Asthana, learned counsel has filed a short counter affidavit on behalf of the respondent nos.4 and 5 and has argued that the petitioner does not possess any title over the land in question which she is seeking to claim in the writ petition, however, this Court while deciding the controversy in the light of the relief as sought in the present writ petition is not required to go into the issue of title as to who is the owner of the gata in question as remedy lies elsewhere and any party if aggrieved with the same can take recourse of the remedy as available in law and there is no need for adjudicating the same at this juncture in the present writ petition. Considering the issue in question coupled with the subsequent development which has cropped up pursuant to the instructions so sought to be forwarded by the learned Standing Counsel the present writ petition need not be detained any more in the board as the same is liable to be disposed of in the light of the instructions so placed by the learned Standing Counsel as referred to above. Accordingly, the present writ petition is consigned to record leaving it open to the parties to take appropriate legal remedy as available under law. Needless to point out that this Court has not adjudicated the matter on merits but decided the matter in the light of the instructions so placed by the learned Standing Counsel as well as the short counter affidavit filed by the learned counsel appearing for the respondents no.4 and 5. Order Date :- 18.4.2022 Nitendra Digitally signed by NITENDRA TIWARI Date: 2022.04.20 15:47:11 IST Reason: Location: High Court of Judicature at Allahabad