Court No. - 21
Case :- WRIT - B No. - 1651 of 2021 Petitioner :- Abdul Mannan Respondent :- Deputy Director Of Consolidation And 9 Others Counsel for Petitioner :- Sanjai Kumar Pandey Counsel for Respondent :- C.S.C.,Rajesh Kumar Chitragupt
Hon'ble Dinesh Pathak,J.
At the very out set learned counsel for the petitioner seeks permission of the Court to amend the first prayer of the prayer clause of the writ petition with respect to the pendency of the restoration application, which is inadvertently mentioned that appeal is pending.
Learned counsel for the Nagar Panchayat/respondent no. 4 and learned Standing Counsel have no objection to the prayer made by learned counsel for the petitioner, who is permitted to amend the first prayer of the prayer clause.
Heard Shri Sanjai Kumar Pandey, learned counsel for the petitioner, Shri Rajesh Kumar Chitragupt, learned counsel for the respondent no. 4, learned Standing Counsel for the respondent nos. 1 to 3 and perused the record.
Present writ petition has been filed by the petitioner with the following prayer:-
"i) issue a writ, order or direction of in the nature of mandamus commanding and directing the respondent nos. 3 and 4 not to interfere peaceful possession of the petitioner over Arazi No. 496 min/1-13-0 Hall No. 1523, during the pendency of the restoration application before respondent no. 2 under Section 11 (1) of U.P.C.H. Act."
It is submitted by learned counsel for the petitioner that during pendency of the restoration application, Sub Divisional Magistrate (respondent no. 3) and Executive Officer, Nagar Panchayat (respondent no. 4) are trying to dispossess the petitioner from the land in question.
Learned Standing Counsel and learned counsel for the respondent no. 4 have fairly contended that they have no objection in case the Settlement Officer, Consolidation (respondent no. 2) is directed to consider the stay application to be moved by the petitioner in the restoration application.
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 present writ petition, with liberty to the petitioner to file the stay application in the restoration application, which is pending before Settlement Officer, Consolidation, Siddharth Nagar (respondent no. 2), who shall consider the grievance of the petitioner and pass appropriate order expeditiously, preferably, within a period of one month from the date of production of a copy of this order. It is further directed that restoration application pending before respondent no. 2 shall also be decided within a period of three months.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
The petitioner shall file a computer generated copy of this order before the authority concerned, after downloading it from the official website of High Court, Allahabad, which shall be supported by an affidavit. The authority concerned shall verify the same from the official website of this Court.
With the aforesaid directions, present writ petition is disposed of.
Order Date :- 7.10.2021 Ravi Prakash