Court No. - 18
Case :- WRIT - C No. - 20899 of 2018 Petitioner :- Land Management Committee And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
Notice need not be issued to the private respondent, in view of the order proposed to be passed.
The petitioners are before this Court with request to ask the Deputy District Collector, Marteenganj, Azamgarh to conclude and decide the restoration application/ recall application filed by the petitioners in Case no.T20161506042938 under Section 33/39 L.R. Act (Arvind vs. Gaon Sabha) filed against the ex-parte order dated 04.06.2003 passed by the then Sub Divisional Officer, Lalganj, Marteenganj, Azamgarh with regard to Arazi no.1146 Kha area 0.25 hectare declaring the Avadi in Column 6(2) in favour of fifth respondent keeping in mind the judgement and order dated 14.12.1998, 14.10.2014, 30.01.2015 and 18.09.2015.
Learned Standing Counsel very fairly states that in case the aforesaid application is still pending, the same shall be considered and decided by the Authority concerned expeditiously.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Deputy District Collector, Marteenganj, Azamgarh to decide the aforesaid application expeditiously, preferably within a period of four months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost but certainly after according opportunity of hearing to all the stake holders in the matter.
Order Date :- 31.5.2018 A. Pandey