Court No. - 5
Case :- WRIT - C No. - 8695 of 2018 Petitioner :- Naurang Respondent :- The State Of U.P. And 3 Other Counsel for Petitioner :- Ranjeet Asthana,Rahul Singh Counsel for Respondent :- C.S.C.,Diwakar Singh Hon'ble Pankaj Naqvi,J.
Heard Shri Ranjeet Asthana, learned counsel for the petitioner, Shri Diwakar Singh, for respondent no.4 and the learned standing counsel.
This writ petition is preferred against the orders dated 31.8.2012, 28.7.2016 and 20.9.2016 ejecting the petitioner under Section 122-B of U.P.Z.A.&L.R. Act Shri Rajesh Kumar, the learned standing counsel has produced the entire original records including the original notice (Form 49-Ka).
A perusal of Form 49-Ka indicates that date fixed for appearance of petitioner was 28.8.2012 but the signatory to the said notice i.e, the Presiding Officer signed the same on 14.9.2012. Admittedly if the notice is purported to have been issued on 14.9.2012, it does not make any sense in fixing a date for appearance on 28.8.2012. There is some over writing over figure '9'. In these proceedings it is impossible to determine as to who was responsible for the said manipulation.
Shri Rajesh Kumar, learned standing counsel fairly submits that in the event petitioner has now notice of the proceedings, he may file an objection within a month from today before the authority concerned, who shall consider the same and pass appropriate orders as expeditiously as possible.
Learned counsel for the petitioner has no objection.
The writ petition is disposed of with the direction that in the event petitioner files objections to the notice in question before the authority concerned positively within a month from today, same shall be considered and disposed of in accordance with law as expeditiously as possible. The orders dated 31.8.2012, 28.7.2016 and 20.9.2016 stand quashed accordingly.
It is made clear that in the event of default, this order shall stand automatically vacated without further reference to the court.
Original records are returned to Shri Rajesh Kumar, the learned standing counsel.
Order Date :- 27.3.2018/RS