Court No. - 5
Case :- WRIT - C No. - 9090 of 2019 Petitioner :- Indrasan And 13 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari,Surendra Kumar Chaubey Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore,Pankaj Kumar Shukla,Tariq Maqbool Khan
Hon'ble Ashok Kumar,J. Order on Recall Application. The application is allowed.
The petitioner no. 2 and petitioner no. 4 of the instant writ petition earlier filed a writ petition being Writ-C No. 43194 of 2018. The said writ petition was finally disposed of vide order dated 04.01.2019. The order dated 04.01.2019 reads as follows:-
"Heard Sri Harish Kumar Tripathi, learned counsel for the petitioners, Sri Surendra Kumar Tripathi, learned Standing Counsel appearing for respondent nos.1 to 4, Sri Pankaj Kumar Shukla, learned counsel appearing for respondent no.5 and Sri Tariq Maqbool Khan, learned counsel for respondent no.6.
Learned Standing Counsel and Sri Pankaj Kumar Shukla at the very outset have raised a preliminary objection that the writ petition is not maintainable for the reliefs as prayed for whereunder the petitioners have sought a direction for compliance of the order dated 05.11.2018 passed by the Commissioner, Gorakhpur Division, Gorakhpur in Case No.1732 of 2017 and further for a direction to the respondent authorities to maintain status quo pursuant to the order dated 15.9.2008 in view of the fact that in terms of the order of remand dated 05.11.2018 the matter is now pending before the Court of Additional District Magistrate, Maharajganj and the appropriate relief/direction may be sought from the said court.
Learned counsel for the petitioners has not been able to dispute the aforementioned proposition.
However, a liberty is sought to move an appropriate application in the pending proceedings before the Court of the Additional District Magistrate, Maharajganj and a prayer is made for its early disposal. It is further submitted that the petitioners would appear before the court below in the pending matter and would not seek any unnecessary adjournment.
Learned Standing Counsel appearing for respondent nos.1 and 2 and the learned counsel appearing for the other respondents have no objection to the prayer so made.
With the consent of the parties, the petition is disposed of with an observation that in case the petitioners move an appropriate application before the Court of Additional District Magistrate, Maharajganj where the matter is said to be pending and do not seek any unnecessary adjournment, the said application may be decided within a reasonable time period preferably one month from the date of presentation of a certified copy of this order provided there is no other legal impediment."
This writ petition (Writ- C No. 9090 of 2019) is filed by 14 petitioners and the two petitioners being writ petitioner no. 2 and writ petitioner no. 4 are the same as of the earlier petitioners. Following prayer is made in the instant writ petition:-
"(i) Issue a writ order or direction in the nature of certiorari quashing the entry for allotment made in extract of Khatauni dated 01.02.2015 pursuant to the letter/order dated 24.01.2019 issued by respondent no. 2.
(ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to produce the letter/ order dated 24.01.2019 issued by respondent no. 2 for perusal and quashing.
(iii) Issue a writ order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful possession of the petitioners over the land plots in dispute pursuant to the entry made in the revenue extract dated 01.02.2019.
(iv) Issue any other writ order or direction in the like nature which this Hon'ble Court may deem fit and proper in the circumstances of the case."
This Court has passed an order on 14.03.2019 protecting the interest of the petitioners that the petitioners shall not be dispossessed from the property in question and the status quo as on date shall be maintained.
The counsel representing the respondent no. 4 has not brought to the notice to the Court about the order dated 04.01.2019 nor the copy of the said order dated 04.01.2019 was enclosed as part of the present petition.
Learned counsel, Sri Pankaj Shukla has filed a recall application dated 27.05.2019 by which the copy of the order dated 04.01.2019 is enclosed.
From the reading of the order dated 04.01.2019, it is clear that this Court has directed the petitioners to move appropriate application before the Court of Additional District Magistrate, Maharajganj before whom the matter is pending in pursuance of the remanded order passed by the Divisional Commissioner dated 05.11.2018 by which the Divisional Commissioner has directed the Additional District Magistrate, Maharajgnaj as follows:-
"उपररोक्त आधधार पर यह ननिगरधानिनी स्वनीकधार ककी जधातनी हहै। अवर न्यधायधालय कधा प्रश्निगत आददेश नदनिधानांक 16.09.2017 ननिरस्त नकयधा जधातधा हहै। आददेश ककी एक प्रनत कदे सधाथ अवर न्यधायधालय ककी पतधावलनी इस ननिदरश कदे सधाथ प्रनत प्रदेनषित ककी जधातनी हहै नक वह इस वधाद मम पक्षकधार बनिधायदे गयदे सभनी पटदेदधारधानि करो ससुनिवधाई कधा अवसर प्रदधानि करतदे हहए नवधध सम्मत आददेश पधाररत कर। पक्ष नदनिधानांक 27.12.2018 करो अवर न्यधायधालय मम उपसस्थत हहों। बधाद आवश्यक कधायरवधाहनी इस न्यधायधालय ककी पतधावलनी सनांनचित अनभलदेखधागधार ककी जधायदे।"
It appears that under the garb of the interim order obtained by the petitioners on 14.03.2019 the proceedings are held up and the petitioners are enjoying the order of the status quo.
In view of the above facts, this writ petition is disposed of by directing the Additional District Magistrate, Maharajganj to conclude and complete the entire proceedings positively and preferably by the next date fixed i.e. 25th June, 2019 in compliance of the remand order of Divisional Commissioner.
No adjournment will be allowed to either of the parties by the Additional District Magistrate, Maharajganj. The order dated 14.03.2019 is modified accordingly.
Till 25th June, 2019 the status quo as on date will continue.
Copy of this order will be produced by the counsels for the parties before the competent authorities within a week.
Copy of this order will be issued to the counsels for the parties within 24 hours.
Order Date :- 30.5.2019 SK Srivastava