Court No. - 18
Case :- WRIT - C No. - 19621 of 2018 Petitioner :- Panna Lal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Chandra Shekhar Mishra,Arvind Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Arvind Kumar, learned counsel for the petitioner and Shri Rajesh Srivastava, learned counsel for the State respondents.
Petitioner is before this Court assailing the validity of impugned final notice under Section 122-B of UPZA&LR Act issued by Sub Divisional Magistrate, Sadar Handia, Allahabad on the ground that earlier the notice dated 17.05.2016 was issued under Section 122-B of UPZA&LR Act and the said notice has been assailed by petitioner by preferring Writ Petition no.17043/2018 (Panna Lal vs. State of U.P. and others) by contending that once the petitioner has already filed detailed objection in the aforesaid proceeding, then before finalization of the said proceeding, the petitioner may not be evicted from his holding and the aforesaid writ petition was finally disposed of on 14.05.2018 asking the concerned officer to decide the objection strictly in accordance with law expeditiously, preferably within a period of three months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned.
In this backdrop, learned counsel for the petitioner submits that in response to the earlier notice dated 17.05.2016 at no point of time, the respondents had complied the order dated 14.05.2018 and in most arbitrary manner another notice, which is appended as Annexure 6 to the writ petition, has been issued and once an order for deciding the objection filed by the petitioner within stipulated period has been passed by this Court, then without deciding the same, the subsequent notice could not be issued to the petitioner and as such, he submits that till the disposal of the objection so filed by the petitioner, the petitioner may not be dispossessed from the land in question.
Learned Standing Counsel has not disputed the factual as well as legal aspect of the matter.
Considering the aforesaid facts and circumstances of the case, this Court is of the considered opinion that in case the aforesaid objection has not been decided till date, the Authority concerned would proceed to finalize the said objection expeditiously, preferably within the period of three months from the date of production of certified copy of this order and till the decision on the said objection, no coercive action shall be taken against the petitioner pursuant to impugned notice. It is made clear that petitioner would co-operate in the said proceeding so that the same may be finalized at the earliest.
With these observations, the writ petition is
disposed of.
Order Date :- 28.5.2018 A. Pandey