- (1.) This writ petition has been instituted under Article 226 of the Constitution for challenging the orders dated 27 January 2016, 6 February 2016 and 17 February 2016 passed by the Sub Divisional Magistrate, Sadar, District Gorakhpur and for a direction for the removal of a cordon placed on the disputed property through tin-sheets and for compensation of the petitioners for the illegal and arbitrary deprivation of property.
(2.) There is essentially a civil dispute between the petitioners on the one hand and the private respondents who are arrayed as respondents 11, 12, 13 and 14 to the writ proceedings. The land in question is situated in Mohallah Basharatpur, Pargana Haveli, Tehsil Sadar, District Gorakhpur. The petitioners instituted Original Suit No.971 of 2014 for a permanent injunction and an interim injunction was granted on 12 January 2015. In the meantime, the Chief Secretary issued a direction on 12 November 2014 purportedly on an application submitted by the private respondents stating that in the event that the SDM had conducted an inquiry, necessary steps be taken for handing over the possession of the land to the private respondents. A writ petition was filed before this Court inter alia by the petitioners (Writ C No.511 of 2015) making a serious grievance in regard to the order which was passed by the Chief Secretary on 12 November 2014. A Division Bench of this Court by an order dated 19 January 2015 issued the following directions requiring the Chief Secretary to disclose the legal authority under which he could have issued such an order particularly when the parties were litigating their rights before the Civil Court: "Let the Chief Secretary, Govt. of U.P. file his personal affidavit disclosing as to under which legal authority he can issue the order dated 12.11.2014 specifically in the circumstance when the parties are already litigating their rights before the competent civil court. We may record that earlier in another matter it was brought to the notice of the Court that the State has issued an Government Order asking the district authorities not to intermingle in the disputes pertaining to rights over immovable property between two private parties if pending before the competent Court. It appears that the Chief Secretary is above the Government order so issued. List on 04.2.2015. Copy of this order be supplied to learned Standing Counsel day after tomorrow as per Rules of the Court."
(3.) Following the order of this Court, the Chief Secretary recalled his order dated 12 November 2014 on 3 February 2015 since parties were litigating their rights and remedies before the Civil Court. Since the Chief Secretary had withdrawn his earlier direction, the writ petition was dismissed as having been rendered infructuous on 10 March 2015.;