Court No. - 5
Case :- WRIT - C No. - 7624 of 2018 Petitioner :- Narendra Kumar And 5 Others Respondent :- State Of U.P. Through The Secreatry (Revenue) And 4 Others Counsel for Petitioner :- Suresh Chandra Verma,Devesh Kumar Verma Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the parties.
Learned counsel for the petitioner has challenged the maintainability of the proceedings both on merits, as well as on limitation by contending that on the previous occasion, cancellation was initiated by father of respondent no.5, which culminated in an order of dismissal on 17.1.1989, whereas now malafidely fresh cancellation has been initiated on similar ground by the heirs of Shri Narain (respondent no.5).
Assuming all the contentions to be true, the order impugned is only an order entertaining the complaint proceedings, which is only directed for issuance of notice.
It goes without saying that if the pleas raised herein are raised in the written statement, same shall be addressed by the authority concerned at an appropriate stage, in accordance with law.
Subject to above, writ petition is dismissed. It is made clear that this Court has not commented on the merits of the contention.
Order Date :- 28.2.2018 N.S.Rathour