Court No. - 18
Case :- WRIT - C No. - 14964 of 2018 Petitioner :- Karma Devi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Abhishek Kumar Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Abhishek Kumar Yadav, learned counsel for the petitioner; Shri Rajesh Srivastava, learned Standing Counsel for the State respondent nos.1 to 3 and Shri R.C. Upadhyay, learned counsel for the respondent no.4.
The petitioner is before this Court with request to issue direction to the second respondent, Sub Divisional Magistrate, Tehsil Martinganj, District Azamgarh to conclude the exchange proceedings as per provision of Section 101 of U.P. Revenue Code, 2006 regarding Gata No.398 area 0.207 hec. recorded in the revenue record as 'Bheeta' to the extent of 0.077 hectare with his bhumidhari land in Gata No.421 area 0.077 hectare within stipulated time.
Learned counsel for the petitioner states that in the aforesaid proceeding the Sub Divisional Magistrate has directed the Tehsildar, Tehsil Martinganj to submit a report within 15 days. Even though, categorical direction has been issued to the Tehsildar to submit the report within 15 days but at no point of time the said report has been submitted by the Tehsildar. The request has been made for issuing direction to the second respondent to conclude the said proceeding expeditiously.
Learned Standing Counsel fairly states that in case the aforesaid proceeding is still pending and has not been disposed of, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the second respondent, Sub Divisional Magistrate, Tehsil Martinganj, District Azamgarh to take a final call in the matter after taking necessary instruction from the concerned Tehsildar as well as Gaon Sabha concerned as expeditiously as possible and preferably within a period of three months from the date of production of a certified copy of this order before him.
Order Date :- 25.4.2018 RKP