Court No. - 33
Case :- WRIT - C No. - 19327 of 2019 Petitioner :- Pankaj Mall Respondent :- Sub Divisional Magistrate And 4 Others Counsel for Petitioner :- Devendra Dahma Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
It appears from the record that the predecessor-in-interest of the petitioner had earlier filed Writ-C No.16514 of 2017 for a direction upon the District Magistrate, Kushinagar and Sub-Divisional Officer, Padrauna, Kushinagar to take immediate action, in accordance with law, to protect the right, title and possession of the petitioner in respect of the land pertaining to Khata Nos.15, 16 and 17 at Village Mauja Dumra Khurd, Tappa Basi Chirgaura, Tehsil Padrauna, District Kushinagar.
It appears that a proceeding was pending in the court of Assistant Collector, therefore, vide order dated 19.04.2017, Writ-C No.16514 of 2017 was disposed off by giving liberty to the petitioner to file an application under Order 39 Rule 2-A CPC before the Assistant Collector concerned. It was provided that in case any such application is filed, then appropriate order shall be passed within a specified period.
It appears, thereafter, on an application dated 26.04.2017, an order was passed on 08th January, 2019 directing the Station House Officer, Nebua Naurangiya to take action and submit report. It appears, thereafter, a follow up order was also passed, on 23rd March, 2019, directing the Station House Officer, Nebua Naruangiya to ensure compliance.
The grievance of the petitioner is that the Station House Officer has not taken any concrete step.
Be that as it may, as other side would also have to be heard before any concrete step is taken in the matter, we deem it appropriate to dispose off this petition by providing that the petitioner may make an application to the Sub-Divisional Magistrate, Padrauna, District Kushinagar in the pending proceeding in respect of his grievance. If any such application is filed along with certified copy of this order, the Sub-Divisional Magistrate shall serve notice upon the private respondents concerned and shall pass appropriate order, in accordance with law, preferably, within next two months, after hearing the other side.
The petition stands disposed off.
It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner.
Order Date :- 31.5.2019 AKShukla/-