Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3291 of 2018 Petitioner :- Kanhaiya Ram Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Ashutosh Tiwari Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed seeking direction to the respondents to cancel the patta dated 7.11.2011 granted by Naib Tehsildar Jalalabad, Ghazipur.
Pursuant to the order dated 12.4.2018 and other subsequent orders learned Standing Counsel has produced a copy of the instruction dated 25.11.2018. According to which the land infact is a public utility land covered under Section 132 of U.P.
Z.A. and L.R. Act, 1950 / under Section 77 of U.P. Revenue Code, 2006 and is infact recorded as Bheeta. It has been pointed out that the patta was cancelled by the Sub Divisional Magistrate vide order dated 6.8.2002. A writ petition was filed by the allottee being Writ Petition No. 7847 of 2003 (Brij Lal and another vs. Up Ziladhikari, Jakhania, District Ghazipur and others), wherein until further orders of the court, the operation of the order dated 6.8.2002 has been stayed. According to the instruction the said interim order is still operating.
Learned Standing Counsel has provided the instruction to the learned counsel for the petitioner.
In such view of the matter, it is clear that no action, till the aforesaid order is vacated or writ petition is decided, can be taken by the authorities concerned.
Accordingly, present Public Interest Litigation is consigned to record.
However, office is directed to list Writ Petition No. 7847 of 2003 as noted above in the next cause list before appropriate court alongwith record of this petition.
Present petition stands disposed of accordingly.
Order Date :- 29.11.2018 Lalit Shukla