High Court of Judicature at Allahabad
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Kapil Dev & Another v. Commissioner, Gorakhpur Division, Gorakhpur & Others - WRIT - C No. 45798 of 2006  RD-AH 14300 (24 August 2006)
Hon'ble Anjani Kumar, J.
Heard learned counsel for the petitioners.
The petitioners have approached this Court by means of this writ petition being aggrieved by an order passed by Additional Commissioner, Gorakhpur Division, Gorakhpur, during the pendency of revision, whereby the interim order already granted was vacated on an application filed by the contesting respondents for vacation of the interim order. The revisional court has recorded a finding that the revisionist has not been able to establish that he is in possession and that his possession is in accordance with law. On the contrary the contesting respondents have been able to establish that they are in lawful possession.
The order impugned being interlocutory order which should normally not be interfered by this Court under Article 226 of the Constitution of India, I do not find this to be a fit case for interference in exercise of jurisdiction under Article 226 of the Constitution of India. The writ petition is, therefore, dismissed.
mhu - 45798/06
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