DAYARAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri R.C. Singh, learned Senior Advocate assisted by Shri Rituvendra Singh Nagvanshi, learned counsel for the petitioner; Shri Shiv Ram Singh, learned counsel appearing on behalf of the respondent no. 6; Shri Awadesh Kumar Patel, learned Standing Counsel for the State-respondents no. 1 to 4; Shri Bhupendra Kumar Tripathi, learned counsel for the Gram Sabha- respondent no. 5 and perused the pleadings available on record.

(2.) With the consent of the learned counsel for the parties, this Court proceeds to finally decide the present writ petition at the admission stage itself.

(3.) The relevant facts in nutshell that are necessary for the better appreciation of the case; as narrated by the petitioner in the instant writ petition, are that the petitioner and the contesting respondent no.6 are real brothers and claimed half (1/2) share each in the jointly possessed ancestral property / holding with plot nos. 756/0.247, 742/0.130, 758/0.570 and 760/0.117 situated at village Saraiharkhu, Pargana Rari, Tehsil Badlapur, District Jaunpur.