Heard learned counsel for the petitioner and the learned Standing Counsel for opposite parties no. 1 and 2. record.
This writ petition has been filed with the following prayers:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding opposite party no.1 to execute/ implement the order dated 30.4.2009 passed in Case No. 04/19/32/34/63 in the proceeding arising out of section 176 of U.P.Z.A.L.R. Act contained as Annexure No.3 to the writ petition.
(ii) to issue a writ, order or direction in the nature of mandamus commanding opposite party no.1 to decide the restoration application filed by opp. parties pending in the proceeding arising out of section 176 of U.P.Z.A.L.R. Act and finalize the proceeding within stipulated period.
(iii) to issue3 a writ, order or direction in the nature of mandamus commanding opposite parties not to raise any construction and change the nature of land over plot in dispute.
(iv) to award the cost of the present writ petition to the petitioner directing the opposite parties to ensure the payment of such costs to him.
(v) to issue any other writ, order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case, and in the interest of justice in favour of the petitioner. "
Notice to opposite parties no. 3 to 5 is dispensed with.
Learned counsel for the petitioenr submits that presently the petitioner is pressing for prayer no. (ii) only, that is for disposal of the restoration application within a definite time frame. It has been submitted that although in the partition suit filed under section 176 of U.P.Z.A.& L.R. Act preliminary decree has been passed by S.D.O. Bikapur, Faizabad, vide order dated 30.4.2009 after hearing the parties, yet the opposite parties no.3 to 5 filed application for recall of the said order on 5.5.2009 which is pending before the said court, but the application is not being disposed of on one ground or the other and in the meanwhile the opposite parties are trying to raise constructions in the property sought to be partitioned.
In view of the above, the S.D.O. Bikapur, District Faizabad (opposition party no.1) is directed to decide the recall/restoration application dated 5.5.2009 within six months from the date a certified copy of this order is produced.
With the above observation, this writ petition is finally disposed of.
Order Date :- 21.6.2010 Muk