Court No. - 21
Case :- WRIT - C No. - 2014 of 2019 Petitioner :- Dhanmati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shambhavi Nandan,Rajeev Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The present petition has been filed by the petitioner claiming to be the owner of bhumidhari of Plot No. 33ka area 0.026 hectare situated in Ward-3 Haraiya, Pargana & Tehsil-Salempur, District Deoria. He claims that he had applied for sanction of a map which was initially granted on 25.7.2014, however, at the instance of respondent no. 5, a suit no. T20140520022758 under Section 176 of U.P. Zamindari Abolition & Land Reforms Act, 1950 was filed which came to be dismissed on 22.4.2015 and, an appeal filed against the said judgement, was also decided on 4.10.2018.
In the said circumstances, the petitioner could not raise the constructions due to the pendency of the litigation filed at the instance of respondent no. 5, however, on 22.11.2018, the petitioner again submitted a proposed map for sanction alongwith requisite fee on which no orders has been passed till date.
This Court is of the view that the respondent no. 4 is bound to pass a reasoned order on the application of the petitioner for sanction of the map in accordance with law within a reasonable time, which is a statutory duty, cast upon him.
In view of the said circumstances, we direct the respondent no.
4 to pass a reasoned order in accordance with law on the application of the petitioner for sanction of map filed on 22.11.2018 within a period of two months.
It has been further stated that the respondent no. 3 is presently holding the charge of respondent no. 4 and thus the decision has to be taken by the respondent no. 3.
This Court clarifies that the Officer duly empowered and holding the charge at present will pass a reasoned order, as directed above, within the time granted.
The writ petition is disposed of with the said directions.
Order Date :- 22.1.2019 Puspendra