Court No. - 10

Case :- MATTERS UNDER ARTICLE 227 No. - 6872 of 2021

Petitioner :- Rajesh Kumar Verma

Respondent :- Nagar Nigam Gorakhpur And 7 Others

Counsel for Petitioner :- Arvind Srivastava Iii,Ashutosh Tiwari

Hon'ble Abdul Moin,J.

1. Heard.

2. Under challenge is order dated 04.09.2021 passed by the

Additional District Judge, Gorakhpur/Special Judge Prevention

of Corruption Act (UPSEB), Gorakhpur in Misc Appeal No. 54

of 2018 whereby the appeal filed by the petitioner has been

rejected. Also under challenge is order dated 19.09.2016, a copy

of which is annexure 5 to the petition, passed by the Civil Judge

(Junior Division), Gorakhpur in Original Suit No. 680 of 2014

wherein interim injunction application filed by the petitioner

was rejected.

3. Learned counsel for the petitioner submits that both the

courts have failed to consider that the shop in question is

deemed to be in possession of all the persons who are the co-

owners. In this regard reliance has been placed on judgement of

Punjab and Haryana High Court in the case of Bhartu vs Ram

Sarup (P&H) (F.B.) reported in 1981 PLJ 204: 1981

Land.L.R. 356.

4. Having heard learned counsel for the petitioner and h