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JAGDISH PRASAD BADHIK versus COLLECTOR ALLAHABAD & OTHERS

High Court of Judicature at Allahabad

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Jagdish Prasad Badhik v. Collector Allahabad & Others - WRIT - C No. 60002 of 2005 [2006] RD-AH 6937 (30 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed seeking directions to the respondent no.1 the District Collector, Allahabad to take immediate action to wipe out influence and activities of respondent no.3 in holding Mela of Masuriyan Devi in village Amilia Sarhar, Allahabad which is held in the month of November. There is a dispute regarding the title of the land where the Mela is held as petitioner claims it to be the land of the deity. However, in the review report it has been shown to be a Bhoomidhari land of the respondent no.3.

In view of the fact that the civil suit is pending before the learned Civil Court for seeking injunction against the respondent no.3, it is not possible for us to entertain this writ petition in respect of the suit property in view of the law laid down by the Hon'ble Supreme Court in Jai Singh Vs. Union of India, AIR 1977 SC 898. However, in the facts and circumstances of the case, we dispose of this petition by directing the learned Civil Judge (Junior Division), West, Allahabad to expedite the trial of the suit between the parties expeditiously resorting the provisions of Order 17 Rule 1 CPC.

Dt/-30.3.2006

GS- 60002


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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