Court No. - 38
Case :- WRIT - C No. - 6841 of 2019 Petitioner :- Rahmat Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Jayant Banerji,J.
Heard Shri Juned Alam, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent nos.1, 2 and 3.
This writ petition has been filed for a direction to the respondent nos.2 and 3 not to demolish the residential house of the petitioner constructed over the Plot No.184 (old Plot No.225/2) without adopting/completing the procedure of law and after providing full opportunity as per law.
The contention of the learned counsel for the petitioner is that pursuant to an order dated 13 November 2018 passed by this Court in Public Interest Litigation (PIL) No.4755 of 2018 (Yaseen Mohammad Ansari v. State of U.P. & Ors.), the Sub- Divisional Magistrate was directed to decide the representation of the petitioner therein and take necessary action in accordance with law on its merits preferably within six weeks from that day. It is contended that since the order was not being complied with, a contempt application was filed before this Court and in view of that, the authorities concerned are proceeding in a hurry to act against the petitioner. It is also contended that proceedings under Section 67 of the U.P. Revenue Code, 2006 are also pending and the identical proceedings being undertaken purportedly under Section 26 of the U.P. Revenue Code would entail putting the petitioner in double jeopardy.
However, a perusal of the record and the provisions of law referred to by the learned counsel for the petitioner reveal that the contention of the petitioner is misplaced. The provisions of Sections 26 and 67 of the U.P. Revenue Code operate in distinct fields. The authority competent under the two provisions are also different. It is clear that proceedings have been initiated pursuant to the order of this Court passed in the aforesaid PIL.
Thus, no relief can be granted to the petitioner. It is for the petitioner to approach the authority concerned before whom the proceedings are pending and move appropriate applications/ representations for consideration of the authority. If such an application is filed by the petitioner, the authority concerned shall consider the same in accordance with law.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 26.2.2019 SK (Jayant Banerji, J.)