Court No. - 18
Case :- WRIT - C No. - 13113 of 2018 Petitioner :- Babu Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Markanday Rai,Padmakar Rai Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan,Vijay Kumar Dubey
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to implead the necessary party in the array of respondents forthwith.
Petitioner before this Court is assailing the validity of order dated 13.09.2017 passed by Sub Divisional Magistrate, Khalilabad, Sant Kabir Nagar as well as order dated 22.12.2017 passed by Collector, Sant Kabir Nagar wherein the claim of the petitioner under Section 115-C of UPZA&LR Act has been turned down.
Learned counsel for the petitioner states that while passing the order impugned dated 22.12.2017, the Collector, Sant Kabir Nagar has clearly proceeded to observe that petitioner may approach the competent authority for redressal of his grievance and in this direction the petitioner has moved an application dated 30.12.2017 but the same is still pending consideration.
Shri Vijay Kumar Dubey, who represents the newly impleaded respondent states that so far as the claim for exchange of the land under Section 161 UPZA&LR Act/101 of U.P. Revenue Code 2006 is concerned, earlier the petitioner's application has already been turned down and moreover the newly impleaded respondent is also the co-sharer of ¼ share of the property in question, which has been volunteered by the petitioner in exchange and as such, it is submitted that without his consent, he cannot be uprooted from the ¼ share of the property in question.
In the aforesaid facts and circumstances of the case, without entering into the merits of the case, the Writ Petition is disposed of asking the Sub Divisional Magistrate, Khalilabad, Sant Kabir Nagar to decide the said application under Section 161, which is pending consideration since 30.12.2017 expeditiously, preferably within a period of three months from the date of production of certified copy of this order but certainly after giving opportunity of hearing to the newly impleaded respondent.
Order Date :- 30.4.2018 A. Pandey