A petitioner must demonstrate prima facie ownership or title for granting an interim injunction against eviction actions by state authorities, as confirmed by the higher court.

JUDGMENT :

Alok Mathur, J.

1. Heard Shri Amit Kumar Singh, learned counsel for petitioner, learned Standing Counsel for respondent nos. 1 to 3 and perused the material available on record.

2. By means of the present writ petition, the petitioner has challenged order dated 11.01.2024 passed by the District Judge, Sultanpur, thereby dismissing the appeal preferred by the petitioner against the order dated 01.02.2023 passed in Civil Suit No. 1532 of 2022 by the Civil Judge (Junior Division), South, Sultanpur, who had rejected the application moved under Order 39, Rule 1 and 2 preferred by the petitioner.

3. It has been submitted by learned counsel for petitioner that Gata No. 210 situated at Village Thanwarbari, Pargana Miranpur, Tehsil Sadar, District Sultanpur was recorded in the name of Ramhit prior to the consolidation operation. He has submitted that the proceedings under Section 122 -B of the U.P. Z.A. & L.R. Act was instituted against the father of petitioner late Ram Kishore and statement of Lekhpal was also recorded where it was found that the petitioner was in possession of property situated at Gata No. 196. He also had recorded that Gata No. 196 (Old No. 210) was previously recorded in the name of Ram Kishore but after the consolidation operations, it had been recorded as an Abadi and was of the view that the benefit of Section 123 of the Z.A. & L.R. Act can be given to the petitioner and accordingly, dropped the proceedings under Section 122 -B of the U.P. Z.A. & L.R. Act. The said order was passed on 26.08.1989 by the Tehsildar, Sadar, Collectorate, Sultanpur.

4. It has been submitted that subsequently again proceedings under Section 67 of the U.P. Revenue Code has been initiated against the petitioner, which has been concluded by means of order dated 16.08.2022 by the Tehsildar (Judicial)/Assistant Collector, Sadar, Sultanpur where the petitioner has been held to be an encroacher of Gata No. 196 M/0.011 hectares and eviction order as well as penalty against him has been imposed. Against the said order, the petitioner has filed a writ petition before this Court bearing Writ-C No. 211 of 2023, which was disposed of on 22.03.2023 wherein the Court observed that the petitioner has equally efficacious remedy of filing a revision against the order passed under Section 67 of the U.P. Revenue Code but provided protection to the petitioner to the effect that till filing of the revision or a period of 15 days from the receipt of the certified copy of the order of this Court, the status quo as on today in respect of the property of the petitioner shall be maintained and was further provided that till disposal of the interim relief application of the petitioner by the revisional authority, his peaceful possession over his property may not be disturbed.

5. Learned counsel for petitioner submits that till date application for interim relief has not been considered and consequently, the protection granted by this Court by means of order dated 22.03.2023 is still continued.

6. It is in the aforesaid circumstances that repeated efforts were made by the State authorities to remove the petitioner from his holding that he had moved a civil suit for permanent injunction against the Gaon Sabha and others to restrain them from evicting the petitioner from Gata No. 196. In the said suit, the petitioner had moved an application under Order 39, Rule 1 and 2 of the C.P.C. seeking a temporary injunction against the respondents. The Civil Judge (Junior Division), South, Sultanpur by means of order dated 21.02.2023 has rejected the application of the petitioner