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2014 DIGILAW 732 (ALL)

Pradeep v. Grih Sachiv Uttar Pradesh Shasan

2014-03-03

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Hon'ble Dilip Gupta, J. 1. The relief claimed in this petition is that the petitioners should not be evicted without following the procedure prescribed by law from land measuring .753 Hectare in Plot No.556 and .52 Hectare in Plot No.593 . 2. It is evident from the records of the writ petition that Suit No.111 of 2012 was filed by the petitioners in which initially an interim order was granted but it was subsequently vacated. It is also evident that Original Suit No.312 of 2013 was filed by respondent no.13 against the petitioners in respect of the same area and a temporary injunction was granted. The petitioners have also filed a revision before the Commissioner against the order dated 19 August 2010 passed in proceedings initiated under Section 333 of U.P. Zamindari Abolition and Land Reforms Act, 1950. 3. It will, therefore, not be appropriate for this Court under Article 226 of the Constitution to determine disputed questions of fact regarding ownership of the land in dispute. The Court, therefore, declines to entertain this petition. It is, accordingly, dismissed.