MANGLESHWAR PRASAD Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Mr. Om Prakash Pandey, learned counsel for the petitioner, Mr. Sudhanshu Srivastava, learned counsel appearing on behalf of respondent nos. 3 to 5, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Vimal Chandra Mishra, learned counsel for respondent no.7.

(2.) Brief facts of the case are that plot no. 72 along with other plots as mentioned in the khatauni of 1429-1434 fasli (1/7/2021 to 30/6/2027) annexed as Annexure No.2 to the writ petition situated in Village- Gahur (Mau), Tehsil- Mau, District- Chitrakoot belong to petitioner and respondent no.7 along with other co-sharer. Petitioner alleged in the writ-petition that respondent no.7 has 1/64 share in the disputed plots while the petitioner has 1/8 share in the disputed plots. Respondent No.7 executed a lease deed on 19/10/2022 in favour of respondent no.6 in respect to plot in dispute for Solar Energy Project as provided under Uttar Pradesh Solar Energy Project, 2022. Petitioner alleged in the writ petition that respondent no.7 has only 1/64 share in the disputed plots but he wrongly shown himself to be share holder of 1/8 share in the disputed plots. Petitioner along with others has already filed a Suit No.T202300190201682/2023 for partition in respect to the plot in dispute, under Sec. 116 of U.P. revenue Code, 2006, which is stated to be pending before trial court as mentioned in Paragraph No.12 of the writ petition.

(3.) - The instant petition on behalf of the petitioner has been filed for quashing / cancelling the impugned lease deed executed and registered on 19/10/2022 in respect to the Plot No. 72 and others.