Court No. - 5
Case :- WRIT - C No. - 10717 of 2018 Petitioner :- Dharmesh Yadav And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Vijendra Singh,Abhilasha Singh,Rahul Yadav Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava Hon'ble Pankaj Naqvi,J.
Heard Shri Vijendra Singh learned counsel for the petitioners, Ashish Kumar Srivastava for the Gaon Sabha and the learned standing counsel.
The petitioners obtained an order under Section 143 of U.P.Z.A.&L.R. Act from the Assistant Collector (Ist class), Tundala in Case No.18/12-13 on 1.11.2012. Subsequently, an application dated 10.1.2018 came to be filed by the State for seeking recall of the order dated 1.11.2012. The Assistant Collector issued a notice dated 10.1.2018 to the petitioners to seek their own response on the restoration. At this stage the petitioners have rushed to this court challenging the said order.
Having heard learned counsel for the parties, am not inclined to quash the restoration proceedings at this stage. The petitioners, if so advised may raise an issue as regards the maintainability of the restoration application.
No good ground exists to entertain this writ petition at this stage.
The writ petition is dismissed. However, respondent no.3 shall sincerely endeavour to consider and dispose of the restoration application, subject to cooperation of the parties concerned as expeditiously as possible, preferably within 3 months from the date of production of certified copy of this order.
It is made clear that this court has not commented either on the merits of the case or on the maintainability of the restoration application.
Order Date :- 23.3.2018 RS