A.P. Sahi, J. - (1.) THIS writ petition has been filed with a prayer that the orders of the Sub Divisional Magistrate, Macchlishahar passed on 18.6.2011, 15.6.2011 and 4.8.2011, be directed to be complied with by the Respondent Nos. 4 and 5 and the Respondents be further directed not to interfere with the constructions being raised by the Petitioner over plot No. 242 situated at village Bhaupur, Pargana Ghisuawa, Tehsil Macchlishahar, District Jaunpur. A further prayer has been made that the suit filed under Section 176 of the U.P.Z.A. & L.R. Act, 1950 in relation to plot No. 243 be directed to be decided within some stipulated period.
(2.) IT appears that the litigation began with the filing of a civil suit being Suit No. 520 of 2011 before the Civil Judge (J.D.), Jaunpur by some of the co -tenure holders of plot No. 243 praying for a decree for permanent injunction restraining the Petitioner and Ors. to raise any construction over the plot in dispute or to remove the trees standing thereon. A copy of the plaint has been filed as annexure -2 to the writ petition. This dispute was only in relation to plot No. 243. Another suit for partition of plot No. 243 came to be filed under Section 176 of the U.P.Z.A & L.R. Act, 1950 in which the Petitioner is also a Defendant along with his brothers. Needless to mention that the said suit is also in relation to plot No. 243 only. In the said suit, the Sub Divisional Magistrate, who is the competent authority, passed an order on 25th May, 2011 directing the parties to maintain status quo.
(3.) THE Petitioner's mother Smt. Ganga Devi purchased part of plot No. 242 to the extent of 2.5 decimals. After her death, the name of the Petitioner and his brothers came to be mutated as is evident from the Khatauni of 1414 to 1449 Fasli filed along with the writ petition as annexure -1. The Petitioner, who is a humble practising Advocate of this Court started raising constructions over plot No. 242 against the area which was in his occupation.;