Court No. - 18
Case :- WRIT - C No. - 25833 of 2021 Petitioner :- Mumtaz Bax And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- C.S.C.
With Case :- WRIT - C No. - 23533 of 2020 Petitioner :- Khalil Ahamad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- C.S.C.,Babu Lal Ram And Case :- WRIT - C No. - 20499 of 2021 Petitioner :- Ram Gopal Respondent :- State Of U.P. And 33 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
All the petitions arise out of the same proceedings instituted under Section 38 of the U.P. Revenue Code, 2006.
There are two conflicting reports submitted by the State authorities before the court below dated 12.06.2019 and 12.02.2020. The said reports have been impugned in this writ petition as well as in Writ C No. 20499 of 2021 (Ram Gopal Vs. State of U.P.) and Writ C No. 23533 of 2020 (Khalil Ahmad Vs State of U.P).
All the companion writ petitions are being decided by a common order in the interests of justice.
Interests of justice will be served by issuing following directions:
(1) The court below shall decide the validity of both the reports after considering the objections from all parties to the lis.
(2) The court below shall decide the objection of the parties to the lis to both the reports.
(3) After deciding the aforesaid issue regarding the validity of the reports, the court shall proceed with the matter on merits.
(4) If upon adjudication of the reports, the court below finds that a fresh report has to be called it may pass orders to that effect.
(5) This Court has not enter into the merits of the controversy. It is for the court below to decide the matter upon independent application of mind after hearing all parties to the lis in accordance with law.
(6) The proceedings shall be concluded within three months from the date of receipt of a copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(7) All parties are directed to cooperate in the proceedings before the court below.
The writ petition is disposed of.
Order Date :- 7.10.2021 Nadeem