Chief Justice's Court
Case :- WRIT - C No. - 11282 of 2018 Petitioner :- Ganesh Prasad Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Raj Karan Yadav Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. R.K. Yadav, learned counsel for the petitioner and learned Standing Counsel for respondents-State.
The prayers made in the writ petition read thus:
“i) issue a writ order or direction in the nature of Mandamus directing the respondent to take necessary action and proceed as well as decide the case in pursuance of new Government order dated 29.9.2015 (Annexure no.3 to this writ petition).
ii) issue a writ order or direction in the nature of mandamus directing the respondents to abate the proceeding of case No. K- 3578 (State Vs. Ganesh Prasad) Village Lawayan Kalan, P.O. T.S.L. Naini District Allahabad under Repeal Act 1999.
iii) issue a writ order or direction in the nature of mandamus directing to the respondents correct the revenue records in name of the petitioner.”
The relief itself is sought in light of the assertion of the petitioner that despite initiation of proceedings under the Urban Land (Ceiling and Regulation) Act 1976, he continues to be in actual physical possession and is therefore entitled to the benefits of the Urban Land (Ceiling and Regulation) Repeal Act 1999.
Having heard the learned counsel for the parties and having perused the records, we find that the consideration of the claim of the petitioner would necessarily entail an enquiry into facts relating to actual physical possession over the plots in question as claimed. Such an enquiry into facts must, in our considered view, be undertaken at the first instance by the District Magistrate/Collector. We accordingly dispose of this writ petition with the following directions:
The petitioner shall within a period of two weeks from today submit a comprehensive representation in respect of his claim over the plots in question and furnish further evidence in respect of his assertion of being in actual physical possession thereof. Upon receipt of such a representation, the Collector concerned shall duly scrutinize the said claim, undertake an appropriate enquiry and pass a reasoned and speaking order disposing of the said representation. The District Magistrate/Collector shall consider and dispose of the representation of the petitioner expeditiously and preferably within a period of eight weeks from the date of receipt thereof. It is made clear that while disposing of this writ petition, we have not gone into or ruled upon the merits or otherwise of the claim of the petitioner.
Order Date :- 28.3.2018 RK (Suneet Kumar, J) (Dilip B Bhosale, CJ)