- (1.) Heard learned counsel for the parties.
(2.) 0.5060 hectare land of plot no.1483? situate in village Baranpur Bahar, Pargana Baran, Tehsil and District Bulandshahar is recorded as Quabristan (within the limits of city board) and 0.3410 hectare land of the said plot is recorded as public utility land under the management of Nagar Palika.
(3.) It appears that Nagar Palika has started construction over a portion of land which is recorded in its name. The petitioner filed a suit for partition under Section 116 of UP Revenue Code, 2006. In the said suit, the petitioner also filed an application for injunction restraining the respondents from interfering in the peaceful possession over the property. The SDM, Sadar, District Bulandshahar, respondent no.3 passed an order on 15.01.2019 restraining the parties from changing the nature of property. The respondent no.3 vacated ex parte order dated 15.01.2019 by order dated 28.01.2019.;