Court No. - 18
Case :- WRIT - C No. - 19523 of 2018 Petitioner :- Rakesh Kumar Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Anand Kumar Singh,Shri Prakash Dwivedi Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Anand Kumar Singh, learned counsel for the petitioner; Shri Anurag Srivastava, learned Standing Counsel for the State respondents and Shri R.B. Yadav, Advocate appearing for the Gaon Sabha.
Notice need not be issued to the private respondents in view of the order proposed to be passed.
Petitioner is before this Court assailing the validity of order dated 20.04.2018 passed by second respondent in Case no.D2011165300258 (Brij Lal vs. Gajraj and others). Further prayer has been made to direct the respondents not to interfere in the peaceful possession of the petitioner upon the Arazi no.78/0.114 hectare, Arazi no.106/1.375 hectare and Arazi no.194/0.1000 hectare situated at Village Narottampur, Pargana Kasiyar, Tehsil Sadar, District Mirzapur and to stay the further proceeding of the Case no.13 of 2011 (Brij Lal Pathak and others vs. Gajraj and others) under Section 119-B of UPZA&LR Act 1950 pending before second respondent.
Learned counsel for the petitioner states that the private respondents, who have instituted the aforesaid suit in question have moved impleadment application as well as stay application but in most arbitrary manner, the stay application has been considered and on the impleadment application, no decision has been taken. He further submits that in case both the applications were pending consideration before the competent authority, then at that point of time, it was incumbent upon the Sub Divisional Magistrate concerned to decide the impleadment application first and thereafter proceed to decide the stay application.
In the facts and circumstances of the case, the objection so raised by the petitioner definitely has force as it has also been informed to the Court that petitioner is still in actual physical possession of the property and as such, he has every stake in the matter.
Consequently, without entering into the merit of the case, on consent, the writ petition is disposed of asking the Additional Sub Divisional Magistrate, Tehsil Sadar, Mirzapur to decide the impleadment application so moved by the private respondents in the said suit proceeding expeditiously, preferably within a period of two months from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties except upon payment of cost but certainly after according opportunity of hearing to the petitioner. It is made clear that in case the interim order is required to be modified, the same may be modified in accordance with law.
Order Date :- 28.5.2018 A. Pandey