Court No. - 18
Case :- WRIT - C No. - 20190 of 2018 Petitioner :- Amzad Ali And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Namdev,Vinod Shankar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Pankaj Rai, learned Addl. Chief Standing Counsel.
The petitioners are before this Court assailing the order dated 8.5.2018 by which the order dated 17.12.2016 recording the name of the petitioners on the revenue record on the basis of Pa Ka 11 has been set aside.
Shri Pankaj Rai, learned Addl. Chief Standing counsel raised an objection that the proceeding under Section 34 is still pending consideration and in case the petitioner is aggrieved with the order dated 8.5.2018, the same may be assailed in appeal under Section 35 (2) of of U.P. Revenue Code and once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the same and the writ petition is liable to be dismissed.
Confronted with this, learned counsel for the petitioner states that there is every likelihood that meanwhile the respondents would create third party interest in the disputed property and as such proceedings in question may be expedited.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the Tehsildar concerned to decide the mutation case in question expeditiously and preferably within four months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned. Meanwhile, it is expected that no third party interest shall be created by either of the parties qua the disputed property.
Order Date :- 29.5.2018 SP/