Court No. - 18
Case :- WRIT - C No. - 14688 of 2018 Petitioner :- Smt. Premwati Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Singh Paliwal Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri P.K.S. Paliwal, learned counsel for the petitioner; Shri Anurag Srivastava, learned Standing Counsel for the State respondent nos.1 to 3 and Shri M.N. Singh, learned counsel for the respondent no.4.
The petitioner is before this Court with request to issue direction to the respondents to give right of bhumidhar with non-transferable right and to decide her applications dated 11.12.2017 and 6.4.2018.
Record in question reflects that earlier the petitioner had been before this Court by preferring Writ Petition No.25726 of 2003 (Smt. Premwati vs. State of UP and others) assailing the validity of the order dated 6.6.2003, whereby the petitioner's lease was cancelled. The aforesaid writ petition was allowed by this Court on 16.6.2003 and the matter was remanded back to the Sub Divisional Magistrate concerned for re-examining the same within six weeks. Consequently, the Sub Divisional Magistrate had proceeded to pass an order on 28.10.2003. The said order was also challenged by the petitioner in Writ C No.49973 of 2003 (Smt. Premwati vs. State of UP through Secretary, Revenue & others), which was disposed of on 9.8.2017 with following observations:-
"Heard Sri P.K.S. Paliwal, learned counsel for the petitioner and Sri Shri Krishna Mishra, learned counsel for the respondents and learned Standing Counsel for the State.
After the petitioner's 'Patta' was cancelled by an order dated 06.06.2003, she had filed a writ petition being Writ Petition No. 25726 of 2003 (Smt. Premwati Vs. State of U.P. and Others). The writ petition was allowed on 16.06.2003 and the concerned SDM was to decide the matter within six weeks from 28.10.2003. The SDM Dadari, District Gautam Budha Nagar has passed an order, which clearly indicates that the matter has yet not been decided.
Under such circumstances, when the petitioner was unable to point out any injury, which might have been suffered by him, this Court would not interfere with the impugned order.
There appears to be no irregularity, infirmity or error in the impugned order.
The writ petition is, therefore, dismissed. Interim order, if any, stands vacated."
In this backdrop, Shri Anurag Srivastava, learned Standing Counsel as well as Shri M.N. Singh, appearing for the respondents have raised preliminary objection that once the order dated 28.10.2003 had been assailed in the aforementioned writ petition and finally, the writ petition was dismissed on 9.8.2017 and the interim order so accorded by the Court has already been vacated, then no reprieve can be extended in favour of the petitioner.
Confronted with this situation, learned counsel for the petitioner has placed reliance on the relevant Khatauni of Fasali Year 1422-1427 and the order dated 28.3.2003 by which the Sub Divisional Magistrate has already accorded the right with transferable right and as such, it has been prayed that the relief as has been sought for, the same can be accorded in favour of the petitioner.
In the aforementioned facts and circumstances of the case, this Court is of the considered opinion that the applications dated 11.12.2017 and 6.4.2018 so moved by the petitioner in compliance of Section 131-A and 131B of UP ZA & LR Act and Section 76 of U.P. Revenue Code,2006 are liable to be considered by the Sub Divisional Magistrate, Tehsil Dadari, District Gautam Budha Nagar.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.3 to take a final call on the applications of the petitioner dated 11.12.2017 and 6.4.2018 in accordance with law within a period of three months from the date of production of a certified copy of this order before him.
Order Date :- 24.4.2018 RKP