Court No. - 18
Case :- WRIT - C No. - 15331 of 2018 Petitioner :- Om Prakash And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Keshawa Prasad Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Rajesh Kumar, learned Standing Counsel for State respondents. Shri D.D. Chauhan has accepted notice on behalf of fourth respondent.
The petitioners are before this Court assailing the order dated 24.4.2017 in respect of the ejectment of the petitioners from the land in question passed by third respondent, whereby notice under Rule 67 (2) of U.P. Revenue Code Rules, 2016 has been issued in RC Form 20.
Learned counsel for the petitioners states that earlier also when the respondents tried to evict the petitioners from their holding, they had proceeded to file civil suit for injunction and his injunction application is pending consideration and meanwhile the respondents has proceeded to issue the aforesaid notice.
In this backdrop, learned counsel for the petitioners states that proceeding has not been finalised and as such till the disposal of his injunction application the respondents may be restrained to evict the petitioners from the land in question.
Shri Rajesh Kumar, learned Standing Counsel raised an objection that nothing has been brought on record to suggest that at any point of time the petitioner has proceeded to file objection against the impugned notice dated 24.4.2017 and without any response to the said notice the petitioners have straight away approached this Court against the said show cause notice and as such on this score the writ petition is liable to be dismissed.
Confronted with this situation, learned counsel for the petitioners states that the liberty may be accorded to the petitioners to file detailed objection and till the disposal of said objection the respondents may be restrained to evict the petitioners from the disputed land.
Considering the facts and circumstances of the case, the writ petition stands disposed of with observation that in case the proceeding in question is not finalised and the petitioners file detailed objection within two weeks, this Court hope and trust that the same would be considered and decided by the authority concerned in accordance with law expeditiously and preferably within two months from the date of filing of such objection. For a period of three months or till the disposal of said objection, which ever is earlier, the status quo as on today shall be maintained by the parties qua the disputed property.
Order Date :- 27.4.2018 SP/