Court No. - 37
Case :- WRIT - C No. - 27972 of 2018 Petitioner :- Cheta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kumar Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
When by an order dated 17.12.1998, the petitioners' patta was cancelled, they filed a Revision which came to be allowed on 22.02.2008. The petitioners are aggrieved by the fact that after the order dated 17.12.1998 was set aside by the Revisional Court and the matter was remanded for a fresh decision, it was not being disposed of. In addition to that it has been stated that the the petitioners all the time were being threatened by dispossession. Learned counsel for the petitioners also states that under Section 76(1)(dd) of the U.P. Revenue Code, 2006 the petitioners were entitled to be declared Bhumidhars with non transferable rights.
Under such circumstances, it is directed that the Sub- Divisional Officer, Nagina, District-Bijnor shall decide the case which had come to him after the remand from the Revisional Court by its order dated 22.02.2008 within a period of two months from the date of presentation of a certified copy of this order. When the case is decided, the Court shall also see whether the benefit of under Section 76 (1)(dd) of the U.P. Revenue Code could be extended to the petitioners.
Till the case is decided or for two months from today, whichever, is earlier, the petitioners shall not be dispossessed.
The writ petition is disposed of.
Order Date :- 21.8.2018 Mohit Kushwaha (Siddhartha Varma, J.)