Court No. - 18
Case :- WRIT - C No. - 16478 of 2018 Petitioner :- Kumar Vinay Singh,Advocate Respondent :- State Of U.P. And 5 Ors Counsel for Petitioner :- Kumar Vinay Singh,Kumar Abhay Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Vinay Kumar Singh, appearing in person; Shri Rajesh Srivastava, learned Standing Counsel for the State respondents as well as Shri Manoj Kumar Yadav, learned counsel for the Gaon Sabha.
Initially, the matter was taken up on 8.5.2018 and on the said date, the Court had proceeded to pass following orders:-
"The petitioner is before this Court with innocuous prayer to issue direction to the respondents to demarcate the land of Khasra Nos.1944 and 623 situated at Village Khoiree, Pargana Barsathi, Tehsil Madiyahun, District Jaunpur and create the Chak road over Khasra Nos.1944 and 623 and vacate the agricultural land of the petitioner of Khasra No.632 situated at Village Kanhapur.
The petitioner appearing in person states that in the present matter, the proceeding has been finalized by the revisional Court by the Additional Commissioner, Varanasi Division, Varanasi on 15.3.2016 but at no point of time the said order has been complied with by the third respondent and the petitioner is running from pillar to post.
Confronted with this situation, Shri Rajesh Srivastava, learned Standing Counsel prays for and is accorded two weeks' time to seek instructions in the matter.
Put up this matter on 23.5.2018 in additional cause list.
Meanwhile, the District Magistrate, Jaunpur will ensure compliance of the order dated 15.3.2016 and in case, the said order has not been complied with forthwith, the District Magistrate, Jaunpur will appear before this Court in person on the next date fixed in the matter."
On the matter being taken up today, Shri Rajesh Srivastava, learned Standing Counsel, on the basis of instructions dated 18.5.2018 sent by the District Magistrate, Jaunpur, submits that the proceeding under Section 41 of U.P. Land Revenue Act was initiated by the petitioner and the same was registered as Case No.T20151436062685 (Kumar Vinay Singh vs. State of UP). In the aforesaid case, the Sub Divisional Officer, Madiyahu, District Jaunpur has passed an order on 13.8.2015. The said order was assailed by the petitioner in revision No.C20151400002092 (Kumar Vinay Singh vs. Gaon Sabha and others). The revision was allowed by the revisional court on 15.3.2016 and after setting aside the order of the Sub Divisional Officer dated 13.8.2015 as well as the preliminary report of the Revenue Inspector dated 20.6.2015, the matter was remanded back to the Sub Divisional Officer to decide it afresh on the merits of the case. Admittedly, the proceeding under Section 41 of U.P. Land Revenue Act is pending consideration and as such, no indulgence is required in the matter. The instruction is taken on record.
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 third respondent, Sub Divisional Officer, Madiyahu, District Jaunpur to finalise the aforesaid proceeding, 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 :- 30.5.2018 RKP