Court No. - 39
Case :- WRIT - C No. - 18195 of 2019 Petitioner :- Jagdish And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- I. N. Singh,Ajay Yadav Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri I.N. Singh, learned counsel for the petitioners and learned standing counsel for the State - respondents.
The petitioners, who are eight in number, are the Bhumidhars with transferable rights of old Khasra No. 355, corresponding to new Chak No. 31, area 16 Bigha 8 Bhoor; Chak No. 105, area 15 Biswa, 10 Dhoor and Chak No. 258, area 15 Biswa situated in Village - Gulistanpur, Pargana - Dadri, Tehsil - Sadar, District - Gautam Budh Nagar and are stated to be in peaceful possession of the same.
It is stated that when some persons tried to interfere in the possession of the petitioners, they moved an application under section 24 of the U.P. Revenue Code, 2006 before the respondent no. 3, but till date, no decision has been taken. Reference has been made to documents filed at Annexure No. 5 to the writ petition.
No useful purpose will be served by keeping the matter pending. We, therefore, dispose of this writ petition with a direction to the Sub Divisional Magistrate, Sadar, District - Gautam Budh Nagar (respondent no. 3) to decide the petitioner's Misc. Case (Annexure No. 5 to the writ petition), in accordance with law, expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order in his Office.
It is made clear that the Court has not adjudicated the claim of the petitioners on merit.
Order Date :- 30.5.2019 Amit Mishra