Court No. - 18
Case :- WRIT - C No. - 19808 of 2021 Petitioner :- Firoz Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Girish Chandra Maurya Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Ajay Bhanot,J.
Heard Sri Girish Chandra Maurya, learned counsel for the petitioner, learned Standing Counsel for the respondents No.1 and 2-State and Sri Vijay Bhan Singh, learned counsel holding brief of Sri Rameshwar Prasad Shukla, learned counsel for the respondent No.3-Gaon Sabha.
Sri Girish Chandra Maurya, learned counsel for the petitioner contends that the order passed by the respondent No.2/Sub Divisional Officer, Tehsil- Martinganj, District-Azamgarh on 10.12.2018 was ex parte to the petitioner. The petitioner is being directly and adversely affected by the aforesaid order. The petitioner had filed a restoration application on 27.01.2021 and an interim order was granted in favour of the petitioner in the aforesaid restoration application by the respondent No.2.
The respondent No.5 approached this Court by instituting a writ petition registered as Writ-C No.14593 of 2021 (Ramchander Vs. State of U.P. and others). The judgement of this Court in Writ-C No.14593 of 2021 (Ramchander Vs. State of U.P. and others) rendered on 07.07.2021 is extracted hereunder:
"By means of this petition, the petitioner has prayed for following reliefs:-
"i. issue, a writ, order or direction in nature of Mandamus commanding/directing the respondent no.4 to comply the order of respondent no.3 dated 2.3.2021 to Stone fixing over the petitioner's Gata No. 930 situated in village Kuswan, Pargana Mahul, Tehsil, Moreonganj, District Azamgarh pursuant to order of respondent no. 2 dated 10.12.2018."
Petitioner's father and uncle had instituted a litigation under Section 41 of the U.P. Z.A. & L.R. Act. The report was submitted by the concerned authority way back in the year 2018 in favour of father and uncle of the petitioner. The petitioner wanted the respondents to comply with the order but till date, for such a long period, no action has been taken even when the respondent no.4 has directed respondent no.3 to do needful.
The respondent no.3 is, therefore, requested to take action as per the direction of respondent no.4 and take decision as expeditiously as possible but not later than six weeks from today.
With these observations, present petition is partly allowed."
It is submitted that apparently the respondent No.5 did not reference the restoration application as well as interim order passed in favour of the petitioner to the Court. In compliance of the order passed by this Court, the respondents authorities are now threatening to evict the petitioner without deciding the restoration application.
Interest of justice will be served by directing the respondent No.2/Sub Divisional Officer, Tehsil-
Martinganj, District-Azamgarh to decide the restoration application filed by the petitioner dated 27.01.2021 before taking any further action on the order dated 10.12.2018.
The writ petition is finally disposed of.
Order Date :- 13.8.2021 Ashish Tripathi