Court No. - 36
Case :- WRIT - C No. - 1767 of 2019 Petitioner :- Dev Respondent :- Additional District Magistrate And 2 Others Counsel for Petitioner :- Ashutosh Srivastava Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
Only prayer made in the present petition is to issue a writ of mandamus commanding the respondent no.1 namely the Additional District Magistrate (Finance & Revenue), District Ballia to decide the case No.02 of 2017 (Dev Vs. Sitaram & others) which has been filed for cancellation of allotment of plot no.414 and 614, which is recorded 'Bheeta' land in the revenue records and has been allotted illegally vide resolution dated 30.06.2001 passed by the Land Management Committee.
No submission could be made by Sri R.C. Upadhyay learned counsel for respondent no.2, as he has not been able to receive any instruction. However, the entries of the said land i.e. plot no.414 and 614 being 'Bheeta' has been demonstrated from the extract of Khatauni brought on record of the present petition.
For the aforesaid, the Additional District Magistrate (Finance & Revenue, District Ballia is hereby directed to make an enquiry into the allegations made by the petitioner in Case No.02 of 2017 (Dev Vs. Sitaram & others) after seeking explanation of the land management committee as to the manner in which, 'Bheeta' land in plot no.414 and 614 had been allotted by the resolution of the Gram Sabha dated 30.06.2001.
In any case, the Case no.02 of 2017 shall be decided, expeditiously preferably within a period of two months from the date of submission of certified copy of this order after seeking comments of the land management committee, by passing a reasoned and speaking order, in accordance with law.
It goes without saying that this Court has not entered into the merits of the claim of the petitioner and the respondent no.1 would be under obligation to take a decision independently.
Disposed of.
Order Date :- 29.1.2019 Himanshu