Court No. - 18
Case :- WRIT - C No. - 20576 of 2018 Petitioner :- Mool Chand Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Chandra Prakash,Rama Shankar Prasad Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Anurag Srivastava, learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioner is before this Court assailing the order dated 7.3.2018 passed by second respondent in Appeal No.12/M, C- 201315000031 of 2013-18 (Mool Chand v. Rambriksha & Ors.) under Section 331 of UPZA & LR Act and for a direction to third respondent to approve any one khatafata dated 11.11.2011 and 14.8.2012, which was submitted before third respondent in Case No.2/2/4 (Mool Chand v. Radhey & Ors.) under Section 176 UPZA & LR Act.
The record in question reflects that in proceeding under Section 176-B of UPZA & LR Act an order was passed on 24.12.2012. The same was assailed by the petitioner in appeal, which was rejected vide order dated 7.3.2018 with certain directions.
The Court has proceeding to examine the record in question and does not find any infirmity or illegality in the orders impugned.
Confronted with this, learned counsel for the petitioner states that direction may be issued to the SDM concerned to finalise the proceeding in question under Section 176-B of UPZA & LR Act expeditiously.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the SDM concerned to finalise the aforesaid proceeding in accordance with law and as per the direction issued by the appellate authority dated 7.3.2018 expeditiously and preferably within two months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned.
Order Date :- 30.5.2018 SP/