VINDHYACHAL Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) THE Petitioner has filed a substitution application. Shri A.P. Tiwari has no objection to the substitution. The substitution application to record the date of death of Shri Vindhyachal on 29.1.2011 and to substitute his heirs mentioned in para 2 in the array of parties is accordingly allowed. Let the substitution be carried out.

(2.) WE have heard learned Counsel for the parties.

(3.) SHRI A.P. Tiwari, learned Counsel appears for the Respondent No. 6 submits that suit for declaration is still pending. A writ petition for directions to decide the suit without being influenced by the observations made in the judgment of this Court dated 25.1.2005 is not maintainable. It is only, when the suit is decided that the point can be taken. The Petitioner has a right to make objections to recording the name of 'Gobri' as bhumidhar of Plot No. 92 and it is only if his objections are not sustained and declaration is not granted that he may raise issue in appeal.