Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 33023 (ALL)

SMT. JADAWATI DEVI v. STATE OF U.P. AND 5 OTHERS

WRIC/8689/2025 · 2025-04-09

Anish Kumar Gupta, Manoj Kumar Gupta

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:53022-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.49) Court No. - 21 Case :- WRIT - C No. - 8689 of 2025 Petitioner :- Smt. Jadawati Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for restraining respondent no.2 from releasing compensation of the land in dispute i.e., Arazi No.581 area 1-74 decimal, Arazi No. 834 area 35/1/4 decimal, Arazi No. 836 area 02 decimal situated at Village- Basani, Pargana- Kol Asla, Tehsil- Pindara, District- Varanasi, in favour of respondents no.4 to 6 during the pendency of Misc. Appeal No. 133 of 2014 and also not to interfere in the possession of the petitioner till the finalization of the proceedings of Civil Suit No. 145 of 2014. 2. The case of the petitioner is that respondents no. 4, 5 and 6 are wrongly claiming themselves to be owner of the aforesaid land on basis of sale deeds obtained by them from Lallan. The petitioner has instituted Original Suit No. 145 of 2014 against Lallan and respondents no.4, 5 and 6 and the said suit is still pending. It is also submitted that an order of status quo is in operation in view of order dated 19.08.2016 passed in favour of the petitioner in Misc. Civil Appeal No. 133 of 2014. The State respondents are intending to obtain sale deed of the subject land from respondents no. 4, 5 and 6 and they also intend to pay compensation to them although the sale deeds on basis of which they claim title are under challenge in the civil suit. 3. Learned counsel for the petitioner has himself placed before us a sale deed obtained by the State in respect of the said land from Mahendra Pratap S/o Kallu. 4. As the State has not obtained any sale deed from respondents no. 4, 5 and 6, therefore, the apprehension is unfounded and the prayer made in the instant petition does not survive for consideration. 5. The writ petition is dismissed accordingly without prejudice to the pending proceedings. Order Date :- 10.4.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad