Court No. - 6
Case :- WRIT - C No. - 33645 of 2021 Petitioner :- C/M Baba Ganga Das Higher Secondary School Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Mr. Yogish Kumar Saxena, learned counsel for petitioner, learned Standing Counsel for the State-respondents and perused the record.
The instant writ petition under Article 226 of the Constitution of India, has been filed for a direction to respondent No. 2 to take decision on the basis of the report dated 23.02.2019 and 22.12.2020 submitted by the Revenue Officer within stipulated time.
It is contended by learned counsel for the petitioner that the petitioner has filed an application before the Sub Divisional Magistrate on 13.12.2019 for declaring him as Bhumidhar with transferable right as per the provision of section 76 of U.P. Revenue Code, in respect of land of Gata No. 287, 313 and 314, area 1.121 hectare. On the said application, the reports dated 23.02.2019 and 22.12.2020 have been submitted by the Revenue Officer recommending the name of the petitioner be recorded as Bhumidhar with transferable rights, but no order has been passed till date by the concerned Sub Divisional Magistrate.
On the other hand, learned Standing Counsel submits that no useful purpose would be served by calling counter affidavit or keeping the writ petition pending and an appropriate direction may be issued to respondent No. 2 to consider the grievance of the petitioner.
Under these circumstances, direction is issued to respondent No. 2,Sub Divisional Magistrate, Chhibramau Kannauj, to decide aforesaid application dated 13.12.2019 after taking into consideration the report submitted by the Revenue Officer, in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order, if there is no legal impediment.
Accordingly, the writ petition is disposed of.
Order Date :- 17.12.2021 Sazia