Court No. - 18
Case :- WRIT - C No. - 15003 of 2021 Petitioner :- Bhullar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Sajiwan Prajapati Counsel for Respondent :- C.S.C.,Pradeep Singh
Hon'ble Ajay Bhanot,J.
Sri Ritesh Kumar, learned counsel holding brief of Sri Pradeep Singh, learned counsel appears for the respondent No.5/Gaon Sabha.
Learned Standing Counsel on the basis of instructions submits that the petitioner was not found eligible for grant of lease. The respondent No.6 was the most competitive over the period, who is also eligible and was granted lease to the disputed pond.
Sri Ram Sajiwan Prajapati, learned counsel for the petitioner disputes the aforesaid facts. He, however fairly accepts the submission of the learned Additional Chief Standing Counsel that the petitioner has an alternative remedy of approaching the competent authority/court under Rule 59 of the Uttar Pradesh Revenue Code Rules, 2016. He further contends that the petitioner could not carry the impugned orders in appeal because of the Covid-19 pandemic. The only prayer made by the learned counsel for the petitioner is that the appeal may be decided without going into the question of delay on merits.
I see merit in the submission of Sri Ram Sajiwan Prajapati, learned counsel for the petitioner that Covid- 19 pandemic has dislocated lives. Substantive rights of the petitioner are engaged in the proceedings.
In the wake of preceding discussion, interest of justice will be served by issuing the following directions:
1. The petitioner shall file an appeal before the competent authority/court under Rule 59 of the Uttar Pradesh Revenue Code Rules, 2016 within a period of 21 days from today.
2. In case such appeal is filed, the same shall be decided on merits without going into the issue of delay.
3. All parties to the appeal including the lease holder are directed to cooperate in the appeal proceedings. The appeal shall be decided, preferably, within a period of four months from the date of filing of the appeal.
The writ petition is finally disposed of.
Order Date :- 24.9.2021 Ashish Tripathi