Court No. - 7
Case :- WRIT - C No. - 34603 of 2021 Petitioner :- Abdul Hakim Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rajeev Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned counsel for Gaon Sabha and the learned Standing Counsel.
Present petition has been filed for the following reliefs :-
"i) Issue a writ order or direction in the nature of mandamus by directing the respondent no. 2 to remove the encroachment by removing the idol from land in question by initiating proceedings as per in accordance with law;
ii)Issue a writ order or direction in the nature of mandamus by directing the respondent no. 3 to conduct and complete the proceedings of measurement of land in question and further restored in possession of the petitioner upon land in question."
After due deliberations at length, counsel for the petitioner has confined his relief for expeditious disposal of the application dated 11.10.2021 which is pending consideration before the Sub Divisional Magistrate, Tehsil Khalilabad, District Sant Kabir Nagar (Respondent no.2) for demarcation of the land in question.
It is submitted that contesting respondent no. 4 is encroaching the land of the petitioner. To demarcate his land, the petitioner has already moved an application dated 11.10.2021 before respondent no. 2 and has also deposited the requisite fee of Rs.1000/- on the same day.
Learned Standing Counsel as well as counsel for the Gaon Sabha have no objection if a direction is issued to decide the aforesaid application expeditiously.
In this conspectus as above, no useful purpose would be served to keep this matter pending. Therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition, with a direction to respondent no. 2 to register and decide the application dated 11.10.2021 under Section 24 of the U.P. Revenue Code, 2006, strictly in accordance with law by means of a reasoned and speaking order, after affording opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties expeditiously, preferably, within a period of four months from the date of production of certified copy of this order, if there is no other legal impediment.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.12.2021 VR/