Court No. - 18
Case :- WRIT - C No. - 20894 of 2018 Petitioner :- Kalpa Devi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Satya Prakash Yadav,Prem Prakash Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Shri Pankaj Rai, learned Additional Chief Standing Counsel for the State respondents.
Petitioner before this Court is assailing the validity of order dated 25.12.2017 passed under Section 67 of U.P. Revenue Code 2006. Further prayer has been made to command the respondents no to dispossess the petitioner from Gata no.87 area 0.0810 hectare situated in Village Sarsena Khalsa, Pargana and Tehsil Nizamabad, Disrict Azamgarh and to ask the Sub Divisional Magistrate, Tehsil Nizamabad, District Azamgarh to expedite the hearing of Case no.24 of 2018 under Section 101 U.P. Revenue Code 2006 (Kalpa Devi vs. State of U.P. and another) and decide the same at the earliest.
Shri Pankaj Rai, learned Additional Chief Standing Counsel has opposed the writ petition on the ground that proceeding under Section 67 has been initiated against the petitioner in pursuance to the order dated 23.02.2018 passed in Public Interest Litigation no.2971 of 2018 (Altaf Khan vs. State of U.P. and others), wherein it has been alleged that petitioner has encroached upon the public utility land and the aforesaid writ petition was disposed of with the direction to the Tehsildear, Tehsil Nizamabad, District Azamgarh to enquire into the matter and take appropriate action within stipulated period and in response thereof, the impugned notice has been issued against the petitioner and as such, no indulgence is required in the matter.
Confronted with this situation, learned counsel for the petitioner states that much prior to the said order, the petitioner has already moved an application under Section 101 of U.P. Revenue Code 2006 on 24.01.2018, which is pending consideration, and before finalization of the said proceeding, the action so taken in the garb of order dated 23.02.2018 under Section 67 of U.P. Revenue Code 2006, is unsustainable and as such, this Court should come for rescue and reprieve of the petitioner.
Admittedly, on 24.01.2018, the petitioner has moved an application for exchange of land under Section 101 of U.P. Revenue Code 2006, which is annexed as annexure I to the writ petition, and thereafter the order dated 23.02.2018 has been passed and in pursuance thereof, the impugned notice has also been issued and in such a situation, it would be appropriate that the Authority concerned would firstly decide the aforesaid application under Section 101 of U.P. Revenue Code 2006 and then proceed in the proceeding under Section 67 of U.P. Revenue Code 2006.
In view of the above, without entering into the merits of the case, on consent, the writ petition is disposed of finally with the direction to the Assistant Collector/Tehsildar, Tehsil Nizamabad, District Azamgarh to decide the aforesaid application dated 24.01.2018 expeditiously, preferably within a period of one months from the date of production of certified copy of this order but certainly after according opportunity of hearing to all the stake holders in the matter and in case the claim set up by petitioner for exchange of land is approved, then the proceeding under Section 67 of U.P. Revenue Code 2006 may be dropped against him forthwith, otherwise the Authorities are at liberty to proceed in accordance with law.
Order Date :- 31.5.2018 A. Pandey