Court No. - 65
Case :- APPLICATION U/S 482 No. - 47345 of 2019 Applicant :- Bhullur Alias Nankoo And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
1. Heard Sri Amit Kumar Tiwari, learned counsel for the applicants and Sri Azad Singh, learned A.G.A. for the State-respondent.
2. This 482 Cr.P.C. application has been filed for quashing the charge sheet No.158 of 2018 dated 31.7.2018 in Criminal Case No.1263 of 2019 (State Vs. Bhullur alias Nankoo and others) arising out of Case Crime No.100 of 2018, under Section 3/5 of Prevention of Damages To Public Property Act, 1984, Police Station Sarai Mamrej, District Allahabad as well as the cognizance/summoning order dated 20.11.2019 as well as the bailable warrant, pending in the Court of learned Additional Chief Judicial Magistrate, Room No.9, Allahabad.
3. The facts of the case are that the proceedings under Section 122-B of U.P.Z.A. was initiated by the Gaon Sabha against the applicants on 25.7.2013 regarding the Arazi No.52 area 0.114 hectare situated at village-Barendra, Pargana-Mah, Tehsil-Handiya, District Allahabad. It is alleged by the Gaon Sabha that Arazi No.52 is recorded as Pond in revenue record and applicants have illegally encroached the said land. On 14.8.2013, Assistant Collector/Tehsildar, Tehsil-Handia had passed ex-parte order against the applicants without giving the opportunity of haring to the applicants. Against the aforesaid ex-parte order the applicants have filed recall/restoration application on which the ex-parte order dated 14.8.2013 was recalled vide order dated 10.10.2014. Thereafter, the proceeding under Section 122-B of U.P. Z.A. Act is still pending for its final disposal, before Assistant Collector/Tehsildar, Tehsil- Handia, Allahabad. During the pendency of aforesaid case the Lekhpal Area Arakhurd had moved an application on 24.4.2018 for lodging the F.I.R. against the application under Section 3/5 Prevention of Public Property Damages Act and on the basis of application dated 24.4.2018 present proceedings have been initiated against the applicant.
4. No useful purpose would be served in keeping the petition pending, which is finally disposed of with a direction to Assistant Collector/Tehsildar, Tehsil-Handia, Allahabad to consider and decide the Case No.86, under Section 122-B of U.P. Z.A., (Gaon Sabha Vs. Bhullur Ram and others), pending in the Court of Assistant Collector/Tehsildar, Tehsil-Handia, Allahabad, most expeditiously, preferably within a period of thee months from the date of production of certified copy of this order, before concerned court below, in accordance with law, after hearing the concerned parties, without granting unnecessary adjournment to either of the party, in case the proceedings of the aforesaid case, is not stayed by any Court.
5. However, it is provided that for a period of three months or till the disposal/conclusion of Case No.86, under Section 122-B of U.P. Z.A., no coercive action shall be taken against the applicants, in the aforesaid case.
6. This 482 Cr.P.C. application stands disposed off.
Order Date :- 20.12.2019 Dev/-