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2025 DAILYLAW 170449 (ALL)

JHAKADI AND 3 OTHERS v. DISTRICT MAGISTRATE SITAPUR AND 5 OTHERS

/11156/2024 · 2025-01-07

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:898-DB Court No. - 2 Case :- WRIT - C No. - 11156 of 2024 Petitioner :- Jhakadi And 3 Others Respondent :- District Magistrate Sitapur And 5 Others Counsel for Petitioner :- Anoop Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy, J. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel appearing for State-opposite parties no.1 to 3 and Sri Onkar Pandey, learned counsel who has filed power on behalf of opposite parties no.4 to 6, which is taken on record. 2. By means of this petition, the petitioners seek a Writ of Mandamus commanding and directing the private respondents, Lekhpal of circle and the local police not to dispossess the petitioners from the land bearing Plot No.2 Minjumla till any effective order is passed in Wit-C No.9450 of 2024. 3. Sri Onkar Pandey, counsel who has put in appearance for private opposite parties, says that against the order of the Assistant Record Officer an appeal was preferred, which was dismissed on 16.09.2022. Against which, a revision was preferred before the Additional Collector, Sitapur, which too was dismissed on 27.07.2024. Against the aforesaid order, a writ petition bearing Writ-C No.9450 of 2024 has been filed in which there is no interim order. He also informs the Court that the aforesaid writ petition was listed on 06.12.2024, but an adjournment was sought by the petitioners' counsel. He also claims that exercise for possession has already been undertaken on 30.12.2024. 4. Without expressing any opinion on the merits of the issues as Writ proceedings are pending before this Court, we see no reason to entertain this petition specially as no such relief was sought in the earlier writ petition bearing Writ-C No.9897 of 2024, which was decided on 22.11.2024. 5. Writ petition is dismissed without prejudice to the rights of the petitioners in the pending writ petition as noticed herein- above. . (Brij Raj Singh, J.) (Rajan Roy, J.) Order Date :- 7.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench