ARSHAD ALI Vs. DISTRICT JUDGE GHAZIPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioners; learned Standing Counsel for the respondent no. 2 and Sri Ajay Kumar Yadav holding brief of Sri Manoj Kumar Yadav for the respondent no. 3.

(2.) Indisputably Plot No. 888 is a minjumla plot which falls in different Khatas. A large portion of the said plot is Banjar (Barren/fallow) and therefore vests in the State. A minor portion thereof is of the plaintiff-petitioners with other co-sharers. The petitioners instituted Suit No. 593 of 2012 for permanent prohibitory injunction restraining defendants from interfering in the possession of the plaintiffs to the extent of their share in Plot No. 880 Mi. The defendants (Gram Panchayat and State) put in appearance and claimed that the plaintiffs along with other co-sharers are in occupation of land much in excess of their share in the Minjumla plot falling in private Khata and unless a proper partition of the land, after demarcation, is made, no injunction be granted against coowner.

(3.) Learned counsel for the respondents has passed on copy of order dated 22.08.2014 passed by District Magistrate, Ghazipur pursuant to the order of this Court in Writ-C No. 32418 of 2014. The same is taken on record.