Court No. - 1
Case :- WRIT - C No. - 24869 of 2020 Petitioner :- Dev Prasad And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Learned counsel for the petitioners claim parity with the order dated 18.12.2020 passed in Writ-C No. 23464 of 2020.
Learned counsel for the petitioners submits that in regard to Plot No. 57 co-sharer has been granted relief on the ground that his suit bearing no. 180 of 2002 is pending in which temporary injunction was granted on 8.7.2002.
Learned counsel for the petitioners has placed reliance upon an order dated 21.9.2002 passed by the Additional Collector, First Class, Tehsil Saidpur whereby the concerned officer recorded a categorical finding that prior to consolidation Pokhari was not shown on the disputed plot number, and therefore set aside the notice 49-Ka.
Learned counsel for the State on the other hand submits that against the order of the Additional Collector, appeal was filed which has been decided by the Assistant Consolidation Officer, Chakbandi on 25.1.2006 and the Assistant Consolidation Officer, Chakbandi has directed for recording of 'Pokhar' in the disputed Arazi. He fairly submits that this order is though under challenge in revision, but no stay is operating in favour of the petitioners. It is also submitted that petitioners' case is distinguishable from that of Ramashrya Pathak & 3 others (Petitioner in Writ-C No. 23464 of 2020) inasmuch as the injunction order is operating in their favour in Suit No. 180 of 2002 whereas in case of petitioners, their suit was dismissed in the year 2005 and thereafter restoration application has been recently filed. There is no injunction in favour of the present petitioners. In view of the such fact, it is stated that since Pokhar has already been recorded in the revenue record, proceedings initiated by the Lekhpal cannot be faulted.
After hearing learned counsel for the parties, learned AGA fairly submits that this notice dated 12.10.2020 be considered as a notice under Section 67 of the U.P. Revenue Code, 2006. In that event, petitioners have remedy under Section 67(5) to approach the Collector in appeal.
Let such remedy be availed by the petitioners and in case petitioners approach the concerned Collector within 15 days from today, then Collector shall consider their objection and decide the same within further period of 30 days.
Till the filing of the appeal within above prescribed period, no coercive action shall be taken against the petitioners.
Order Date :- 5.1.2021 Arif