Court No. - 30
Case :- WRIT - C No. - 8965 of 2018 Petitioner :- Rajbeer And 32 Others Respondent :- State Of U.P. And 05 Others Counsel for Petitioner :- Ram Surat Saroj,Nipun Singh Counsel for Respondent :- C.S.C.,Mahesh Narain Singh Hon'ble Vivek Kumar Birla,J.
Heard Sri Nipun Singh, learned counsel for the petitioners and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed seeking direction to the respondents to enter the name of the petitioners in the revenue records in terms of allotment orders dated 15.1.996, 14,3,1996 and 18.3.1996.
Earlier, the petitioners have approached this Court by filing Writ B No. 63502 of 2010 (Rajbeer and others vs. State of U.P. and others), which was disposed of on 22.10.2010, which is quoted as under:-
"Heard learned counsel for the petitioners and learned Standing Counsel as well as learned counsel for the Gaon Sabha.
Submission of learned counsel for the petitioners is that the petitioners' patta came to be cancelled, against which a revision was preferred. The revision was remitted by the revisional court but after remand of the matter again the same order was maintained. Again a revision was preferred before the revisional court and the revisional court vide order dated 09.06.2003 allowed the revision. opposite parties no.6 to 10 along with the Gaon Sabha filed Writ Petition No.36698 of 2003. The said writ petition was dismissed on 07.05.2009. The petitioners thereafter moved application for implementation of the aforesaid order. The said order has not been implemented although the application given by the petitioners on 28.05.2009. He further submits that nothing is being done by the Deputy Collector and the petitioners' patta has become inoperative on account of inaction of the Deputy Collector.
Considering the aforesaid fact, Collector, Gautam Budh Nagar is directed to dispose of the application of the petitioners in accordance with law within a period of two months from the date a certified copy of this order is produced before him after affording opportunity of hearing to the respondents 6 to 10 and needless to say that reasoned decision shall be taken by the authority concerned.
With the above direction, the writ petition is finally disposed of."
Drawing attention to Annexure-3 to the writ petition submission of learned counsel for the petitioners is that the report date 30.12.2010 was submitted by a three members revenue team, whereby it appears that the matter was sent for permission to the District Magistrate. Attention was further drawn to the latest report dated 8.1.2018 submitted by the Naib Tehsildar that in relation to Khasra No. 486 of Gram Soharakah, Jahidpur revenue records are not available in the Tehsil office. Submission is that the litigation in regard to the rights of the petitioners has already been concluded upto this Court, therefore, there is no justification in not carrying out necessary entries.
In such view of the matter, present petition stands disposed of with a direction to the respondent no. 2-Collector, Gautam Budh Nagar to look into the matter and after scrutiny of the original record he shall pass necessary orders pursuant to the report dated 30.12.2010 (Annexure-3 to the writ petition) on its own merits preferably within a period of three months from the date of production of a certified copy of this order before him. In case, any necessary action is to be done by any subordinate court, the respondent no. 2 shall issue necessary directions for this purpose within the same period. Since the matter is very old, the petitioners are at liberty to file fresh representation before the respondent no. 2 for redressal of their grievances.
With the aforesaid observations, present petition stands disposed of.
Order Date :- 26.10.2018 Lalit Shukla