Court No. - 18
Case :- WRIT - C No. - 14795 of 2018 Petitioner :- Kaloo Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Raj Narayan Tiwari Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Abhishek Srivastava, learned Addl. Chief Standing Counsel for State respondents. Shri Mahesh Narain Singh has accepted notice on behalf of Gaon Sabha.
The petitioner is before this Court for a direction to second respondent to reinstate the name of the petitioner in revenue record of revenue village Tugalpur, Pargana Dankaur, Tehsil Sadar, Distt. Gautam Budh Nagar on Khasra No.680 measuring area 2-3-16 and Khasra No.730 measuring area 0-19-4 in accordance with the order dated 17.10.2006 passed by the Commissioner, Meerut Division, Meerut in Revision No.37/2001-02 (State of U.P. & Ors. v. Kaloo & Ors.) and for a further direction to the respondents to delete the name of Gaon Sabha Tugalpur from the above land.
It is contended that vide order dated 17.10.2006 the aforesaid revision was allowed and the order passed under Section 161 on 5.8.1997 had been set aside and as such once the order dated 17.10.2006 for all practical purposes has attained finality, in such situation it is incumbent upon the competent authority i.e. Sub Divisional Magistrate, Sadar, Gautam Budh Nagar to record the name of the petitioner in the revenue record as has been asked for.
Learned Addl. Chief Standing Counsel has no objection in case the aforesaid relief is extended to the petitioner, if there is no other legal impediment.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner moves appropriate application under Section 32/38 of L.R. Act before the Sub Divisional Magistrate concerned within two weeks, this Court hope and trust that the Sub Divisional Magistrate would consider and decide the same strictly in accordance with law expeditiously and preferably within six week from the date of filing of such application.
Order Date :- 24.4.2018 SP/