This writ petition has been seeking the following reliefs:
"(i) issue a writ order or direction in the nature of mandamus directing the Additional District Magistrate, (Finance & Revenue) Jaunpur, to hear and decide Case No. 1828/2018 Computer Case No.D201814360001828.
(ii) issue a writ order or direction in the nature of mandamus directing the parties to maintain status-quo with regard to plot No.203 (old no.298) area 0.028 hectare situated in Village Mugardeh, Pargana Mangara, Tehsil Machhlishar, District Jaunpur, during the pendency of the case No.1828 of 2018, Computer Case No.D201814360001828."
Heard Sri Arvind Srivastava, learned counsel for the petitioner, Sri Aditya Kesari, learned Standing Counsel appearing on behalf of respondent Nos.1 and 2, and Sri Manoj Kumar Yadav, learned counsel appearing on behalf of respondent No.3.
At the time of hearing of the petition, Sri Arvind Srivastava, learned counsel for the petitioner does not press the second relief regarding which he seeks liberty to press before the Authorities below. He will have that liberty.
It is the petitioner's case that patta in respect of land comprising Plot No.203 (old No.298) admeasuring 0.028 hectares situate in village Mugardeh, Pargana Mangara, Tehsil Machhlishahr, District Jaunpur was granted in favour of respondent No.4 on 23.05.2017. The petitioner, on the basis of the case that he pleads to assail the patta granted in favour of respondent No.4, filed an application under Section 66 of the U.P. Revenue Code, 2006 on 02.06.2018. The grievance of the petitioner is that proceedings of the aforesaid case are lingering on before the Court of the Additional Collector/Additional District Magistrate (Finance & Revenue), Jaunpur, where it is registered as Case No.01828 of 2018. It is urged that the petitioner is being prejudiced by subsistence of the patta, the subject matter of cancellation proceedings aforesaid, because the land that has been granted on patta is his property that has come to him since before the abolition of Zamindari.
Learned counsel for the petitioner has drawn the attention of the Court to the order-sheet of the proceedings under Section 66 of the Code from 25.10.2018 until 09.09.2019. During this period of time, as many as twenty dates have been fixed without any order of moment being passed.
Looking to the nature of the order that this Court proposes to pass, it is not necessary to issue notice to private respondent No.4, as no order of determination of rights of parties is made here. However, if the said respondent No.4 feel aggrieved by this order, it will be open to her to move an application in the decided petition.
Considering the overall facts and circumstances of the case, the Additional Collector/Additional District Magistrate, (Finance & Revenue) Jaunpur, is ordered to decide Case No. 1828/2018 Computer Case No.D201814360001828, under Section 66 of the U.P. Revenue Code, 2006, within a period of three months from the date of production of a certified copy of this order, after hearing all parties concerned in accordance with law.
The writ petition stands allowed in terms of the aforesaid orders.
There shall be order as to costs.
Order Date :- 30.9.2019 NSC