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Judgment
This writ petition has been filed by the writ petitioner seeking the prayers as follows:-
“On the facts and statements made in this petition, the petitioner prays for the following reliefs:
A writ in the nature of certiorari for quashing the impugned order dated 22.12.2020 passed in Rev. Eviction Case No.1 of 2020 (annexure A/15).
A. writ in the nature of certiorari for quashing the impugned order of allotment dated 06.01.2020 (Annexure A/18).
Any other writ or order or direction appropriate in the nature of the case.
Cost of litigation.
AND
In the interim, it is prayed that the impugned order dated 22.12.2020 passed in Rev. Eviction Case No.1 of 2020 and the order dated 06.01.2020 may
kindly be stayed/suspended during the pendency of the writ petition and it is further prayed that Your Lordship be pleased to pass any appropriate
order for restraining the Respondents not to take further action of eviction of the land possessed by the petitioner in view of the orders passed by the
Hon’ble Court for the ends of justice.â€
[2] When the matter is taken up today, I heard Mr. N. Surendrajit, Ld. counsel for the petitioner and Mr. I. Lalitkumar, Ld. Sr. counsel for the
Caveator and Mr. H. Samarjit, Ld. GA for the Government respondent.
[3] Mr. I. Lalitkumar, Ld. Sr. Counsel for the Caveator represented before this Court by saying that if the writ petitionerÂ
has challenged the order of the Rev. Demarcation Case No.1 of 2020 as per Annexure â€" A/15 dated 22.12.2020, the writ petitioner ought to have
filed an appeal only Under Section 93(1)(3) of MLR & LR Act before the Appellate Court namely, Revenue Tribunal
the filing of this writ petition is not maintainable. On the other hand, Mr. N. Surendrajit, Ld. counsel for the petitioner represented before this Court
that as on date, no appeal has been filed. Anyhow, he seeks permission of this Court to permit him to file an appeal by giving some time limit and till
such time, the writ petitioner may be protected.
[4] I also heard Mr. H. Samarjit, Ld. GA who appears for the Government respondent.
[5] Admittedly, as per the Act MLR & LR Act Under section 93(1)(3), the petitioner ought to have filed an appeal against the order passed in Rev.
Demarcation Case No.1 of 2020, Annexure â€" A/15 dated 22.12.2020 before the Revenue Tribunal, but without filing the appeal, he has approached
this Court and filed the present writ petition by invoking the Article 226 of the Constitution of India which is not at all maintainable. Anyhow, for the
urgency of the petitioner for the reason that the Government Official had fixed the date for demolition of the writ petitioner’s property, this Court
is inclined to dispose the case without going into the merits and demerits of the writ petitioner as well as the respondent.
[6] Mr. I. Lalitkumar, Ld. Sr. Counsel for the Caveator has filed MC(WP(C)) No.1 of 2021 seeking to implead him and informed this Court that he
has enclosed the documents M1 to M17 along with the petition and represented before this Court as per the above documents M1 to M17, the
possession of subject property in this writ petition was taken and handed over to the impleading petitioner whereas Mr. N. Surendrajit, Ld. counsel for
the petitioner denied the possession taken over of the property and handed over to the caveator.
[7] Considering the arguments advanced by both the parties, I am inclined to pass the following orders:-
a) this writ petition is disposed of;
b) the petitioner is directed to file an appeal as per the MLR & LR Act under Section 93(1)(3) against the order passed in Rev. Demarcation Case
No.1 of 2020 dated 22.12.2020 within a period of 2(two) weeks from the date of receipt of copy of this order and pursue the case before the Revenue
Tribunal accordingly;
c) both the petitioner as well as the respondent are directed to maintain status quo as on today for 2(two) weeks from the date of receipt of this order.
[8] Registry is directed to issue copy of this order to both the parties through their whatsapp/e-mail.