Court No. - 36
Case :- WRIT - C No. - 42085 of 2019 Petitioner :- Ashrfi Lal Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Raj Kumar Srivastava,Shiv Poojan Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri Brij Kumar Yadav appears for respondent no.5.
The petitioner is before this Court assailing the validity of the recovery order dated 22.2.2019 passed by Tehsildar Tehsil Sadar, Distt. Auraiya in Suit No.819 of 2017 (Computerized Suit No.T 20170358201819) (Gaon Sabha v. Ashrfi Lal) under Section 67 of U.P. Land Revenue Code, 2006 (in short "the Code") directing eviction and compensation of Rs.4 lacs and Rs.1000/- as litigation charges.
At the very outset, learned counsel for Gaon Sabha raised a preliminary objection regarding the maintainability of the writ petition on the ground that against the order impugned the petitioner has got alternative efficacious remedy to assail the validity of the same by preferring appeal under Section 67 (5) of the Code and as such the writ petition is liable to be dismissed.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned counsel for the Gaon Sabha. However, in the interest of justice, it is provided that in case the petitioner files an appeal along with stay application within ten days, the appellate authority would endeavour to decide the stay application in accordance with law in further two months. For a period of three months or till the disposal of said stay application, whichever is earlier, no coercive action shall be taken against the petitioner pursuant to order impugned.
The writ petition stands disposed of accordingly.
Order Date :- 18.12.2019 SP/