Court No. - 10
Case :- WRIT - C No. - 3020 of 2019 Petitioner :- Jay Prakash And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Ojha,Rishi Kant Rai Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Apurva Hajela, learned Standing Counsel. Shri Manoj Kumar Yadav has accepted notice on behalf of Land Management Committee.
The petitioner is before this Court for a direction to second respondent to decide the application moved by the petitioners under Section 28 of U.P. Land Revenue Act for correction of their chak map in the year 2013 expeditiously. It is claimed that the application moved in the year 2013 was entertained and the Chief Revenue Officer, Varanasi has sent the record to the concerned Tehsildar, Pindra, Varanasi on 28.8.2013 and the same was received on 29.8.2013 but since then the record is not available in the office of Tehsildar, Pindra. In this backdrop, it is requested that the said application may be decided expeditiously.
Shri Apurva Hajela, learned Standing Counsel raised an objection that so far as alleged application is concerned, at no point of time the said application has been brought on record to substantiate his claim whether the application was moved in the year 2013 or not.
Confronted with this, learned counsel for the petitioner very fairly states that the application is not available even with the counsel, who represents the petitioner in the aforesaid proceeding.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case and with the consent, the writ petition stands disposed of with observation that in case the grievance of the petitioner under Section 28 is still pending consideration, leave is accorded to the petitioner to move appropriate application under Section 28 of U.P. Land Revenue Act/ Section 30 of U.P. Revenue Code, 2006 within ten days and in case any such application is moved within stipulated period, the Sub Divisional Magistrate/ Asstt. Collector concerned may finalise the same expeditiously and preferably within three months thereafter but certainly after giving opportunity to all the stake holders in the matter.
Order Date :- 29.1.2019 SP/