Court No. - 7
Case :- WRIT - C No. - 30277 of 2021 Petitioner :- Jay Prakash And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Singh,Navin Kumar Srivastava Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners, learned counsel for Gaon Sabha and the learned Standing Counsel.
Present petition has been filed for following reliefs:-
"(I) Issue a writ, order or direction in the nature of certiorari to quash the impugned recovery citation dated 10.3.2021 issued by the respondent no. 3 for the recovery of the amount of Rs. 28,06,000/- in pursuance to the order dated 7.10.2020 passed in case No. 4844 of 2017 (Computer Case No. T20171470300148444) (Report Lekhpal Vs. Subhash & others) under Sec. 67 of the U.P. Land Revenue Code, 2006."
(II). Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the Appeal under Section 67 (5) of U.P. Revenue Code, 2006, bearing Appeal No. D202114700002388 (Subhash and others Vs. State ) expeditiously within an stipulated period as fixed by the Hon'ble Court".
It is submitted that the proceedings under Section 67 of the U.P. Revenue Code, 2006 has been initiated against the petitioners and an ex-parte order dated 7.10.2020 had been passed without affording them an opportunity of hearing. Against the order dated 7.10.2020, petitioners have filed restoration application which was also rejected vide order dated 15.1.2021. Against both the orders i.e.7.10.2020 and 15.1.2021, petitioners have preferred an appeal dated 17.4.2021 under Section 67 (5) of U.P. Revenue Code, 2006. The aforesaid appeal is still pending despite the fact that the same is matured for final adjudication.
The grievance of the petitioner is that despite the pendency of the appeal, State authorities are adamant to dispossess the petitioners from the land in question and recover the penalty amount in compliance of the order dated 7.10.2020.
Learned Standing Counsel as well as counsel for the Gaon Sabha have no objection, if a direction is issued for early disposal of the appeal pending in the Court of District Magistrate.
In this conspectus as above, no useful purpose would be served to keep this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition, with a direction to District Magistrate,Varanasi (respondent no. 2) to decide the aforesaid appeal, strictly in accordance with law, by means of a reasoned and speaking order, after affording opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties expeditiously, preferably, within a period of two months from the date of production of certified copy of this order.
However, considering the peculiar facts and circumstances of the present case, lis is still goinig on, it is provided that for the period of two months from today or till the the decision of the appeal, whichever is earlier, the effect and operation of the order dated 7.10.2020 passed by Tehsildar, Tehsil Sadar District Varanasi (Respondent no. 3) shall remain stayed.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 20.12.2021 n.u.