OM PRAKASH SONI versus ADDL.COLLECTOR & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Om Prakash Soni v. Addl.Collector & Others - WRIT - C No. 18106 of 1996 [2007] RD-AH 7798 (26 April 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Tarun Agarwala, J.

Pursuant to the notice issued under Section 122-B of the U.P.Z.A.& L.R. Act, an order has been passed by the authorities for the petitioner to be evicted from the land in question.

During the pendency of the present proceedings it has also come on record that the petitioner has filed a suit for declaration of his title. In my opinion, the question as to whether the petitioner is a lawful owner can only be decided in a suit. Consequently, the writ petition is deposed of with a direction that it is open to the petitioner to file an appropriate injunction application before the trial court where the suit is pending seeking a stay of his eviction from the land in question. If such an application is filed, the same shall  be decided within six weeks. For a period of three months from today the interim order granted by this Court shall remain in operation.

The writ petition is dismissed.

Dated:26.4.2007

AKJ (WP 18106/96)

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