NIWAS AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) THE prayer of the petitioner is to issue a writ, order or direc tion in the nature of writ of mandamus restraining the respondents, their officers, servants or agents from interfering with his possession including his factory standing on plot Nos. 833, 834, 836,837, 838, 839, 840,841,842,843,844,845,846,847,848, 849,850, 851,852,854,855, 857,858,802 and 803 of village Bagdandi Kachchar, dis trict Kanpur Nagar or from taking out any road through the aforesaid plots.

(2.) IN paragraph 5 of the writ petition is has been disclosed that in his original suit No. 1258 of 1991 on 30-10-1991 Civil Judge, Kanpur had passed an order direct ing the parties to maintain status quo, which still operates. IN paragraph No. 7 it has been further stated that proceedings in contempt was also initiated against respondent Nos. 2 and 3 for the reasons stated in paragraph No. 6 of the writ peti tion. IN paragraph 9 of the writ petition it has been further stated that the petitioner has come to know that the Collector, Kan pur Nagar has secretly permitted respon dent No. 4 Krishi Utpadan Samiti, Kanpur Nagar to take out the road at its own costs. IN paragraph No. 14 it has been further asserted that attempt was made to demolish the existing boundary wall of the petitioner. IN paragraph No. 18 it has been further asserted that since-there is no such speedy, efficacious and alternative remedy, hence the petitioner is invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of INdia.

(3.) WE also put on record the stand taken by some persons who had sought interventions that since the land in ques tion is Gaon Sabha land, the petitioner was not entitled to any relief even from the Civil Court though this fact is being denied by Sri Mohd. Arif, learned Counsel ap pearing on behalf of the petitioner holding brief of Sri Ravi Kant, which is also accord ing to him stand supported by the docu ment appended as C. A.-2.