Court No. - 37
Case :- WRIT - C No. - 295 of 2019 Petitioner :- Ram Bishun Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Joveen Kumar Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
A proper Vakalatnama has been filed by learned counsel for the petitioner. It may be taken on record.
In a demarcation proceeding, final orders were passed on 26.11.2018. Thereafter on 30.11.2018, demarcation stones were also installed and the parties were directed to take possession as per the demarcation. However, it appears that on 3.12.2018, respondent no.5-Hausala Prasad filed an application saying that he was not present on 26.11.2018 and, therefore, the final order was passed in his absence and that the matter be reconsidered. On 3.12.2018, the Sub-Divisional Magistrate directed that status-quo shall be maintained till the decision is taken on the restoration application.
Under such circumstances, a direction is being issued to the Sub-Divisional Magistrate, Tehsil Meja, District Allahabad to decide the restoration application filed by respondent no.5 within a period of ten days from the date of presentation of a certified copy of this order and if he chooses to recall the order, he may finally adjudicate the proceedings under section 41 of the U.P. Land Revenue Act, 1901 within two weeks thereafter.
The writ petition is, accordingly, disposed of.
Order Date :- 24.1.2019 GS (Siddhartha Varma, J.)