Court No. - 18
Case :- WRIT - C No. - 14963 of 2018 Petitioner :- Kanhaiya Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Shri Deepak Kumar Srivastava, learned counsel for the petitioner and Shri Sushil Kumar Shukla, learned State Law Officer for the State respondents.
Petitioner is before this Court with the request commanding the Additional Collector, Bhadohi to decide the Restoration Application no.54 of 2015 (Ram Kishun vs. Kanhaiya Lal and others) expeditiously.
It appears that the petitioner has filed Misc. Case no.201516670011 of 2015 under Section 28 of Land Revenue Act (Kanhaiya Lal vs. State of U.P.) before the Court of Additional Collector, Bhadohi for correction the map of Arazi no.377 (new number 213) area 2 biswa, 16 dhur and 1 biswa 4 dhur total 0.0051 in consolidation bandobasti map.
Learned counsel for the petitioner states that the aforesaid application was allowed by an order dated 30.04.2015. It has also been apprised to the Court that the third respondent namely Ram Kishore has proceeded to file the restoration application on 07.05.2015, which was registered as restoration application no.54 of 2015 (Ram Kishun vs. Kanhaiya Lal and another). He further submits that the said restoration application has been filed in the year 2015 but the same could not be decided till date and on account of pendency of the aforesaid restoration application, the petitioner is suffering irreparable loss and injury and as such, request has been made to ask the second respondent to decide the aforesaid proceeding expeditiously.
The said request has not been opposed by learned counsel for respondent.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Additional Collector, Bhadohi to decide the aforesaid restoration application expeditiously, preferably within a period of four months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost but certainly after according opportunity of hearing to all the stake holders in the matter.
Order Date :- 25.4.2018 A. Pandey