Court No. - 18
Case :- WRIT - C No. - 20366 of 2018 Petitioner :- C/M Janhit Karini Samiti Khatirpur Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ashutosh Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Ashutosh Tiwari, learned counsel for the petitioner and learned Standing Counsel for the respondents.
Committee of Management, Janhit Karini Samiti Khatirpur, District Ghazipur through its Manager is before this Court for quashing the proceeding initiated by the District Magistrate, Ghazipur on the basis of admission case filed by District Government Counsel (Revenue) on 16.4.2018 and to issue direction to the District Magistrate not to interfere in its peaceful possession over the land in question.
As per record this much is clearly reflected that D.G.C. (Revenue), Ghazipur filed an admission case under Section 128 of U.P. Revenue Code, 2006 on 16.4.2018 for cancellation of allotment of land granted in favour of the petitioner. The proceeding under Section 128 of U.P. Revenue Code, 2006 has already been initiated against the petitioner by the Collector, Ghazipur. As per ordersheet, which is appended as Annexure No.10 to the writ petition, cognizance has already been taken by the Collector, Ghazipur and the date was fixed on 19.4.2018.
Learned counsel for the petitioner states that the application so moved by the D.D.C. (Revenue) under Section 120 of U.P. Revenue Code, 2006 is not maintainable and as such, this Court should come for rescue and reprieve the petitioner.
In view of the above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with observation that in case the petitioner files its objection within two weeks from today, then this Court hopes and trusts that the authority concerned will firstly decide the objection in question and thereafter, he will proceed to decide the matter on the merits of the case.
Order Date :- 30.5.2018 RKP