Court No. - 36
Case :- WRIT - C No. - 10100 of 2021 Petitioner :- Smt. Radha Devi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Nikhil Kumar,Mayuri Mehrotra Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
Present petition has been filed for quashing the entire proceeding of Case No. 202016660302337 of 2020 under Section 38(5) of U.P. Revenue Code, 2006 (State vs. Shivpujan and others).
Learned counsel for the petitioner submitted that the very same dispute came before this Court in writ petition no. 10754 of 1993, which was decided on 11.12.2015 in favour of petitioner. He next submitted that against the said order, State has preferred Special Leave Petition (C) No. 26781 of 2016, which is pending for adjudication, therefore, no proceedings can be initiated against the petitioner. He also submitted that after issuance of notice on 20.10.2020 by Deputy Collector, Ghorawal, Sonbhadra, petitioner has sent an objection dated 29.10.2020, but till date Deputy Collector, Ghorawal Sonbhadra has not taken any decision upon the same. He lastly submitted that direction may be issued to District Magistrate, Sonebhadra to decide the objection of petitioner.
Learned standing counsel appearing for the respondents has no objection to the prayer made by the counsel for the petitioner.
Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondent no.2- District Magistrate, Sonbhadra to consider the objection raised by the petitioner dated 29.10.2020 and decide the same within one month from the date of submission of computer generated copy of this order after verifying the same from the Official Website of Allahabad High Court. In case, decision is against the petitioner, it is open for the respondent no.2 to proceed further with the matter.
However, it is made clear that the Court has not adjudicated the case on merits.
Order Date :- 24.8.2021 Junaid