Court No. - 39
Case :- WRIT - C No. - 17298 of 2019 Petitioner :- Mamta Gupta (Pradhan) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Prasad Yadav Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Rajendra Prasad Yadav, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is the Pradhan of village Sahson, Tehsil Phoolpur, District Allahabad. While examining the record, she found that one Ram Raj Dobhi son of Mata Badal got 1 bigha 10 biswa land recorded in his name with the collusion of the Tehsil authorities. She, therefore, initiated proceedings under Section 38(5) of the U.P. Revenue Code, 2006 for correction of name in the revenue record but nothing had been done whereupon she filed writ petition no. 21317 of 2017 which was disposed of by this Court by order dated 16.5.2017 with the direction to the Sub Divisional Magistrate to decide the said application in accordance with law. It is stated that till date no decision has been taken.
On instructions received, learned Standing Counsel informs that the record was in the possession of one Sri Kuwar Debvrat Singh, Revenue Inspector and he was handed the file on 17.08.2017 to do the needful. But thereafter, he did not do anything and later on he was attached for Kumbh Mela duty at Allahabad. It is stated that he is still in Allahabad and one Sri Suraj Patel is posted as Revenue Inspector at Phoolpur but it is stated that Sri Kuwar Debvrat Singh has not handed over the file till date. It is also informed that a show cause notice has been issued to Sri Kuwar Debvrat Singh to hand over the file otherwise the record will have to be reconstructed.
We, therefore, dispose of the writ petition with a direction that in case Sri Sri Kuwar Debvrat Singh does not hand over the concerned file to the respondent within fifteen days from today the respondent shall reconstruct the concerned file and at the same time issue charge-sheet to Sri Kuwar Debvrat Singh and thereafter, bring the departmental proceedings against Sri Kuwar Debvrat Singh to its logical conclusion.
The instructions passed on by learned Standing Counsel are taken on record.
Order Date :- 30.5.2019 nd