Court No. - 6
Case :- WRIT - A No. - 2980 of 2019 Petitioner :- Mata Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Daya Shankar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Daya Shankar Srivastava, learned counsel for the petitioner and Sri Jagdish Singh Bundela, the learned Standing Counsel for the State-respondents.
Learned counsels for the parties are ad idem that this petition would merit disposal in terms similar to those as framed by this Court which has disposed of Writ -A No. 25784 of 2018 (Ashok Kumar And 3 Others Vs. State of U.P. And 2 Others). The said petition was disposed of in the following terms:
"Heard learned counsel for the petitioners and learned standing counsel for the State.
Learned standing counsel fairly concedes that the order impugned would not sustain in light of the recent decision of the Supreme Court in Sabha Shankar Dubey Vs. Divisional Forest Officer and Others, Civil Appeal No. 10956 of 2018, decided on 14th November, 2018.
Accordingly, and in light of the statement, so made, this petition shall stand disposed of with the direction that the 3rd respondent shall re- evaluate and consider the claim of the petitioner, bearing in mind the decision of the Supreme Court in Sabha Shankar Dubey.
The exercise of consideration shall be completed with expedition and preferably, within a period of two months from the date of presentation of a certified copy of this order.
The order impugned in this petition shall abide by the fresh decision that the respondent shall now take."
Accordingly and with the consent of parties, this petition shall stand disposed of on similar terms.
Order Date :- 25.2.2019 faraz