Heard learned counsel for petitioner and learned Standing Counsel for the State.
Present writ petition is filed by the petitioner praying that respondent no.2 may be directed to decide the restoration application dated 23.11.2020; 'Rafat Umar Vs. Telat Umar', filed in Case No.179, under Section 34 of U.P. Land Revenue Code, 2006.
Learned counsel for petitioner submits that along with name of petitioner, name of respondent no.3 was wrongly entered in the Khatuani on 06.03.2010. Submission of counsel for petitioner is that the said order is an ex-parte order against the petitioner and further there is no supportive order of any assistant collector directing entry of any new name in the Khatauni.
The record of the case was summoned by this Court. Respondent no.2 is present in Court today along with the record.
Learned Standing Counsel from perusal of the record and on instructions states that there is no such order as yet traced on the basis of which said change is made. He further states that there might be some order which at present authorities are unable to trace.
Looking into the aforesaid facts and circumstances of the case and prayer of the writ petition that restoration application of petitioner is pending since 2020, respondent no. 2 Naib Tehsildar, Nagar, Tehsil-Sadar, Pratapgarh is directed to decide the restoration application dated 23.11.2020 filed in Case No.179 within a period of 30 days from today, in accordance with law, after hearing all the parties concerned, by a reasoned and speaking order. He shall also proceed with the case on day to day basis and positively dispose of the same within a period of 30 days from today. Further, in case the mutation is made in the record without there being any supportive order, the mutation shall be removed from the revenue record and thereafter fresh orders may be passed in accordance with law after hearing all the parties concerned.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 27.8.2021 Arti/-