Court No. - 16
Case :- WRIT - C No. - 1581 of 2019 Petitioner :- Dharmeshwar Rai And 2 Others Respondent :- State Of U P And 8 Others Counsel for Petitioner :- Purnendu Prakash Pandey,Chandra Kumar Rai Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay Hon'ble Rajiv Joshi,J.
Heard Sri C.K. Rai, counsel for the petitioners and learned Standing counsel for the State respondents.
By this petition, the petitioners seek direction in the nature of mandamus commanding the respondent no.2/4 District Magistrate Mau/ Tahsildar Ghosi, District Mau to decide the application dated 17.12.2018 (Rajendra Vs. State) filed under Section 38 of U.P. Revenue Code 2006 and respondent no. 3- Sub Divisional Magistrate, Tehsil Ghosi, District Mau to decide the Case No. 282/ T201815510202887 filed by the respondent no. 7 under Section 24 of U.P.Revenue Code as well as Case No. T-201815510203641 filed by the petitioners under Section 24 of U.P. Revenue Code 2006, within a stipulated period of time.
Contention of the learned counsel for petitioners is that the aforesaid cases are pending since 2018 but without making any final decision in the matter, the concerned respondents are making final demarcation at the spot.
In the facts and circumstances of the case, a direction is issued upon respondent no.2/4 District Magistrate Mau/ Tahsildar Ghosi, District Mau to decide the application dated 17,12.2018 (Rajendra Vs. State) filed under Section 38 of U.P. Revenue Code 2006 and respondent no. 3 respondent no. 3 Sub Divisional Magistrate, Tehsil Ghosi, District Mau is directed to decide the Case No. 282/ T201815510202887 filed by the respondent no. 7 under Section 24 of U.P.Revenue Code as well as Case No. T-201815510203641 filed by the petitioners under Section 24 of U.P. Revenue Code 2006, in accordance with law expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order.
Till the decision is taken by the concerned authority on the aforesaid application, the parties are restrained from changing the nature of the land.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 22.1.2019/Akbar