Court No. - 30
Case :- WRIT - C No. - 35498 of 2018 Petitioner :- Dhanesari And Another Respondent :- District Magistrate And 22 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners as well as learned Standing Counsel appearing for the State respondents no. 1, 2 and 23 and perused the record.
Present petition has been filed challenging the impugned order dated 26.9.2018 passed by the Sub Divisional Magistrate, District Ghazipur in Case No. 02343 of 2018 (Lekhpal vs. Dhanesari) and case no. 02344 of 2014 (Lekhpal vs. Harinath).
Submission of the learned counsel for the petitioners is that the petitioners had already been extended the benefits of Section 122-B (4-F) of UP ZA & LR Act and the writ petition being Civil Misc. Writ Petition No. 7106 of 2002 (Dhanesari vs. District Magistrate, District Ghazipur) filed by the petitioner was disposed of with the observation that the petitioner may file objections against the report before the respondent no. 23 and the same shall be decided and final orders may be passed on the report of the respondent no. 2. Submission is that impugned order dated 26.9.2018 has been passed under Section 28(1) of UP Land Revenue Code without affording opportunity of hearing to the petitioners and purely on the basis of the report of Tehsildar and therefore, the same is liable to be set aside on this ground alone.
Per contra, learned counsel for the respondents has supported the impugned and submitted that since final orders has been passed by the authority concerned, the petitioner has alternative remedy under Section 28(4) of the Code and apart from that he has also a remedy of filing an application for recall of the impugned herein under Section 209 First Proviso of the Code.
In such view of the matter, I am not inclined to entertain the present petition and since the case of the petitioner is that no opportunity of hearing was granted to him, present petition stands disposed of with liberty to the petitioner to file a recall application for recalling the impugned order dated 26.9.2018 before the authority concerned. In case the same is filed within two weeks from today along with certified copy of this order, the same shall be considered and decided by the authority concerned, preferably within a period of four weeks from the date of filing of such application without raising objection with regard to delay.
For a period of six weeks or till the disposal of recall application, whichever is earlier, the parties are directed to maintain status quo.
No order as to costs.
Order Date :- 26.10.2018 Abhishek