Court No. - 10
Case :- WRIT - C No. - 35843 of 2018 Petitioner :- Kashi Ram And 2 Others Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Ganesh Shanker Srivastava Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Ganesh Shanker Srivastava, learned counsel for the petitioner and Sri Rajesh Kumar, learned Standing Counsel for the State respondents.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioners are before this Court assailing the validity of the order impugned dated 5.9.2018 passed by fourth respondent by which the property bearing Gata no. 122 Area, 0.375 hectare is attached and receiver was appointed and also for a direction to the respondents to release the crop on the aforesaid land in question in favour of the petitioners.
Learned counsel for the petitioners apprises to the Court that the petitioners have already filed a suit under Section 229-B read with Section 122B (4F) of UPZA & LR Act (New Computer No. T20181763050501231) which is pending consideration before the concerned court and as such request has been made that till the disposal of the same, the petitioners may be given leave to lift the crop which is lying over the disputed land.
Sri Rajesh Kumar, learned Standing Counsel raised an objection that the relief as has been asked for, can very well be looked into, examined and remedied by the authority, who is looking after the matter in the aforesaid proceeding.
Considering the facts and circumstances of the case, without expressing any opinion on the merit of the case and with the consent, the writ petition stands disposed of asking the Sub-Divisional Magistrate, Tehsil Shohratgrah, District Siddharthnagar to proceed in the matter and decided the aforementioned suit in accordance with law expeditiously and preferably within four months from the date of production of certified copy of this order but certainly after giving opportunity to all the stakes holder in the matter. Meanwhile the petitioner is also at liberty to move an appropriate application for release of the crop lying over the disputed land. In case, any such application is moved, the Sub-Divisional Magistrate concerned will also proceed to pass an appropriate order within 10 days from the date of filing of such application.
Order Date :- 29.10.2018 C.MANI/SP/