Court No. - 7
Case :- WRIT - C No. - 34633 of 2021 Petitioner :- Dwarika @ Dhdrika Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Kirit Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned counsel for Gaon Sabha and the learned Standing Counsel.
Present petition has been filed for the following reliefs :-
"i) issue a writ, order or direction in the nature of Mandamus directing the respondent no. 3 to conduct the paimise to demarcate the land in Arazi No. 188 of the petititoner;
ii) issue a writ, order or direction in the nature of Mandamus directing the respondent no. 3 to decide the application of the petitioner pending before the respondent no. 3 and deliver the possession the land in the basis, lease was granted by the respondent no. 3 on 10.03.1998 and 20 Kari in the Arazi No. 188 of the Gaon Sabha land."
It is submitted by leaned counsel for the petitioner that lease deed has been executed in favour of the petitioner with respect to plot no. 188 min., but till date, possession of the said allotted land has not been given to the petitioner in pursuance of the said lease deed. Petitioner has made several representations before the authority concerned but no fruitful steps have been taken till date to decide the same. Last representation dated 18.11.2021 has been moved by the petitioner before the District Magistrate, which is pending.
However, learned Standing Counsel contended that the grievance of the petitioner can more appropriately be considered by the Sub Divisional Officer, Tehsil Nizamabad, District Azamgarh (Respondent no. 3), if a fresh application is made under Section 129 of the U.P. Revenue Code, 2006.
In this conspectus as above, no useful purpose would be served to keep this matter pending. Therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition, with liberty to the petitioners to move a fresh application under Section 129 of the U.P. Revenue Code, 2006 along with a certified copy of this order, ventilating all his grievances, before Respondent no. 3 within three weeks from today, who shall consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after affording opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties expeditiously, preferably, within a period of four months thereafter.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.12.2021 VR/