- (1.) This order shall dispose of Writ Petition No.7160 (M/B) of 2010 : Athar Vs. Collector, Barabanki and others and Writ Petition No.5346 (M/S) of 2010 : Juber Vs. State of U.P. and others. Both the petitions are being taken up together because order dated 22.2.1993 passed by Assistant Collector/Tehsildar, Rudauli, Barabanki is at issue in both the cases.
(2.) While in Writ Petition No.7160 (M/B) of 2010, the petitioner seeks indulgence of the court for issuing a writ in the nature of mandamus directing the respondents to comply with order dated 22.2.1993. The writ petitioner in Writ Petition No.5346 (M/S) of 2010 seeks indulgence of the writ court for issuing a writ in the nature of certiorari quashing the same order viz. 22.2.1993 . Order dated 22.2.1993 appears to have been passed by the Assistant Collector directing Juber (petitioner in Writ Petition No.5346 (M/S) of 2010) to be dispossessed from the land at issue. The land is stated to be Gram Sabha land meant for common purposes. Athar, the petitioner in Writ Petition No.7160 (M/B) of 2010 seeks implementation of the order possibly for the reason that on account of alleged illegal occupation of the land by Juber, the common path has been encroached causing inconvenience to Athar in that petition.
(3.) Be that as it may, Shri Pankaj Dixit, Tehsildar Ram Sanehi Ghat, District Barabanki who is present in the court states that common path has been provided and therefore there is no emergent requirement of passing any other order at this point in time. Be that as it may, learned counsel for the petitioner in Writ Petition No.7160 (M/B) of 2010 and learned counsel for the petitioner in Writ Petition No.5346 of 2010 and learned counsel for the respondents have made a common prayer that in view of the disputed questions of facts involved in the case, the issue be referred to the jurisdiction of the Collector.;