Court No. - 5
Case :- WRIT - C No. - 7953 of 2018 Petitioner :- Jamuna Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Pal Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Pankaj Naqvi,J.
Heard Sri Surendra Pal Singh, learned counsel for the petitioners and Sri Abhishek Shukla, the learned Standing Counsel.
This writ petition is preferred against the order dated 18.11.2017 ejecting the petitioner under Section 67 of U.P. Revenue Code, 2006 and also for issuing a mandamus to directing the respondent no.3 to decide the restoration application of petitioner within a stipulated period.
Sri Rajesh Kumar, learned Standing Counsel has rightly raised preliminary objection that against the order impugned, the petitioner has statutory / alternative / efficacious remedy to file an appeal before a competent forum under Section 67(5) of the U.P. Revenue Code, 2006.
In so far relief no.3 relating to issuance of a mandamus to decide the application dated 12.2.2018 with regard to exchange of Gata no. 192 and 198 (Parti of Gaon Sabha), the Court is of the view that since the application has been filed as recently as on 12.2.2018, sufficient time has not elapsed, there is no good ground to issue mandamus at this stage.
However, respondent no.3 shall sincerely endeavour to dispose of the pending restoration either on the next date fixed, but not later than 3 months from the date of production of the copy of this order.
The writ petition is disposed of accordingly.
Order Date :- 27.2.2018 N.S.Rathour