BHOPAL SINGH BHAKANI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and also the learned Standing Counsel.

(2.) SUPPLEMENTARY affidavit filed today. Impleadment of Surya Pratap Singh, S.D.M. as respondent is not necessary in this case. In view of the averments made in the affidavit the petition is cognizable by this Bench.

(3.) THE petitioners seek writ of mandamus directing the respondents not to enforce the demolition order of the disputed constructions of the petitioners lying on the disputed land. The case of the petitioners is that they have already filed a suit in the Court of Civil Judge, Nainital, wherein injunction order has been passed as far back as 3rd December, 1990 and 11th December, 1990, which is still pending and injunction is still in operation, and further the proceedings initiated by the respondent authorities for demolition is also pending against the petitioners before the Controlling Authority and as the petitioners have already applied for regularisation by depositing Rs. 17,380 hence the threatened action of demolition of the constructions of the petitioners is arbitrary. The petitioners have come to this Court for staying any such demolition.