Court No. - 4
Case :- WRIT - C No. - 26633 of 2020 Petitioner :- Anita Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Mani Upadhyay,Ramesh Kumar Patel Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Vivek Kumar Birla,J.
Heard Sri Sharad Sharma, learned counsel holding brief of Sri Ram Mani Upadhyay, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Bhupendra Nath Tripathi, learned counsel for the gaon sabha.
Present petition has been filed challenging the impugned order dated 19.10.2020 passed by the respondent no. 2 allowing the appeal filed by the respondents no. 5 to 7.
I have learned counsel for the parties at length and perused the record.
By the order dated 17.10.2018 the order of demarcation was passed by the respondent no. 3 under Section 24 of UP Revenue Code, 2006, against which appeal was filed by the respondents no. 5 to 7 under Section 24(4) of UP Revenue Code, which was set aside by the respondent no. 2 holding therein that proper procedure for demarcation was not followed and therefore, the order of demarcation is not sustainable. Appeal was allowed and the order of the respondent no. 3 was set aside.
Though several arguments have been raised by the learned counsel for the petitioners before this court but crux of the argument is that in case the order of the demarcation was set aside, the matter ought to have been remanded to the authority concerned so that fresh order may passed after granting opportunity of hearing to all the parties concerned including the private respondents herein.
I find substance in the arguments of learned counsel for the petitioner.
Accordingly, present petition stands disposed of by modifying the order passed by respondent no. 2 by providing that the matter stands remanded to the respondent no. 3 for decision afresh on the demarcation application filed by the petitioner. The said exercise may be concluded preferably within a period of four months from the date of production of self-attested copy of this order before the respondent no. 3 who may verify the same from the official website of this Court.
Since this order is being passed in absence of respondents no. 5 to 7, they are at liberty to file a recall application for recalling this order in case they are aggrieved by this order.
No order as to costs.
Order Date :- 8.1.2021 Abhishek