Court No. - 39
Case :- WRIT - C No. - 42645 of 2018 Petitioner :- Brij Bhushan Respondent :- Collector Bhadohi And 3 Others Counsel for Petitioner :- Awadhesh Kumar Singh,Munendra Nath Chaubey Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Piyush Agrawal,J.
By means of the present writ petition the petitioner is seeking a direction to the Collector, Bhadho to decide the stay application filed by the petitioner in Appeal No. 201816670000670 of 2018 (Brij Bhushan vs. State of U.P. and others) as well as the appeal which are stated to be pending.
It has been stated by the learned counsel for the petitioner that a report was submitted by the Lekhpal under section 67 of the U.P. Revenue Code, 2006 relating to Plot No. 221 which is chakmarg on spot and on the inspection it was found that the petitioner has encroached upon the aforesaid chak. A notice was issued to the petitioner to file his detailed objection. The Assistant Collector Ist Class, Tehsil Aurai, Bhadohi has passed the order dated 16.6.2016 directing ejectment of the petitioner from the plot in question. Against this order the petitioner preferred an appeal before the Collector, Bhadohi, who vide order dated 25.1.2017 remanded the matter with the direction to decide the matter afresh after taking evidence and making spot inspection. Pursuant to the remand order, Lekhpal submitted a report dated 10.8.2018. The petitioner filed objection to it. It has been alleged that the petitioner was not given an opportunity by the respondent no.2 to adduce evidence to support his case which is in gross violation of the principle of natural justice before passing the order dated 6.9.2018 directing ejectment of the petitioner with the imposition of damages. Aggrieved, the petitioner filed appeal alongwith stay application on 18.9.2018 which is pending before the Collector Bhadhohi, respondent no.1.
It has been informed that the house of one Krishna Kant, which is similarly situated, has been demolished during the pendency of the appeal. Learned counsel for the petitioner prays that till the disposal of the stay application in the appeal pending before the respondent no.1 an interim protection may be provided to the petitioner.
Counsel appearing for the Gaon Sabha has opposed such prayer of the petitioner's counsel. However, in the interest of justice, respondent no.1 is directed to decide the stay application filed in the appeal of the petitioner within fortnight on the presentation of a certified copy of this order. Till disposal of the stay application status quo as on date be maintained. It is made clear that no adjornment will be allowed by the court below.
Considering the facts and circumstances of the case it is also directed that the appeal of the petitioner may also be decided within a period of three months.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 20.12.2018 samz