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2016 DIGILAW 448 (UTT)

Basant Agro Farm Product Pvt. Ltd. v. Arun Bhaskar

2016-08-08

U.C.DHYANI

body2016
JUDGMENT : U.C. Dhyani, J. 1. By means of present writ petition, the petitioners seek the following relief, among others: “Issue a writ, order or direction in the nature of certiorari quashing the order dated 19.07.2016 passed by learned Additional Commissioner, Garhwal Mandal, Dehradun Camp in Revision No. 17 of 2015-16 under Section 219 of the L. R. Act and other dated 7th April, 2016 passed by Assistant Collector, 1st Class, Dehradun in Case No. 1/2015-16 Arun Kumar Bhaskar vs. Gram Sabha and others under Section 41 of the L.R. Act.” 2. As prayed, four weeks’ time is granted to respondent no.1 to file the counter affidavit. 3. List the writ petition thereafter. 4. The petitioner no. 1 filed a civil suit against respondent no.1 for permanent prohibitory injunction, which was decreed vide decree dated 24.04.2002. The defendant/respondent no.1 did not challenge the same. The decree has attained finality. The description of the suit property has been given at the foot of the plaint of Original Suit No. 567 of 1997 (Annexure-5). 5. Before such suit, Sher Singh and other predecessors in interest of respondent no. 1 filed a civil suit for declaration and cancellation of the sale-deed against one of the petitioners, which was dismissed in default. Nobody challenged that order. The description of the suit property has been given at the foot of the plaint of Original Suit No. 678 of 1989. 6. Now, the respondent no.1 has initiated proceedings under Section 41 of the U. P. Land Revenue Act for demarcation of property, which is under challenge before this Court in the present Writ Petition. 7. It is the statement of learned counsel for the parties that measurement has already taken place. Thereafter, actual demarcation is yet to take place. 8. It is provided, as an interim measure that, defendant/respondent no.1. shall not interfere in the property in respect of which the petitioner no. 1 has obtained a decree vide judgment dated 24.04.2002 till further orders. (Stay application being CLMA No. 7807 of 2016 stands disposed of.)