SARPANCH, GRAM PANCHAYAT BHORI Vs. GOMATI DEVI

JUDGEMENT

(1.) THE defects are taken note of and are ignored. We have heard the learned counsel for the appellant on the merits of this appeal. By way of this intra-court appeal, the respondent No. 2 of CWP No. 4999/2012 seeks to question the order dated 23.08.2012 as passed by the learned Single Judge on the prayer for interim relief. The interim order passed by the learned Single Judge reads as under:-

(2.) THE learned counsel for the appellant has strenuously argued that the writ petition as filed by the respondent No.1 herein remains totally baseless and she cannot be said to be having any right in the land in question where the patta as allegedly issued earlier to her predecessor was found to be forged. It is submitted that the learned Single Judge has failed to consider that disposal of the writ petition will take time and if in the meantime, the writ petitioner (respondent No.1) will raise complete construction over the land in question, it would create several complications in the matter. After having given thoughtful consideration to the submissions so made and having examined the record, we are not persuaded to consider interference in this matter.

(3.) SO far the merits of the case are concerned, we would not like to make any comment for the simple reason that even otherwise the writ petition remains pending before the learned Single Judge. However, it may be observed that if there be any other submissions, the appellant is free to make the same before the learned Single Judge. Subject to the observations foregoing, this appeal stands dismissed.