Court No. - 18
Case :- WRIT - C No. - 19636 of 2018 Petitioner :- Ram Dhani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar,Chandra Shekhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
The petitioners are before this Court assailing the validity of impugned notice dated 17.05.2016 and final notice issued in the month of May 2018 under Section 122-B of UPZA&LR Act 1950 against both the petitioners.
Shri Rajesh Srivastava, learned Standing Counsel raised preliminary objection regarding maintainability of the present writ petition on two folds: firstly on the ground that present writ petition is being preferred assailing the validity of impugned notice under Section 122-B UPZA&LR Act 1950/67 U.P. Revenue Code, 2006, and secondly on the ground that against the finalization of the said proceeding, the petitioners have got efficacious alternate remedy to assail the said proceeding in appeal and as such, it is contended that on these grounds, the Writ Petition is liable to be dismissed.
The Court has proceeded to examine the record in question and finds that pursuant to said notice at no point of time any objection has been filed by the petitioners and the petitioners have straightway approached to this Court assailing the validity of impugned notice whereas the said proceeding has still not been finalized and even if the said proceeding is finalized against the petitioner, then they also have efficacious alternative remedy of filing appeal under Section 67(5) of U.P. Revenue Code 2006 assailing the validity of the said order and as such, this Court is not at all inclined to interfere in the matter.
In this backdrop, learned counsel for the petitioners states that the petitioners would definitely file objection against the said proceeding within the time stipulated by this Court but there is every likelihood that during the pendency of the proceeding under Section 122-B UPZA&LR Act 1950/67 U.P. Revenue Code, 2006, the petitioners would be dispossessed from their holding and as such, it is requested that till the finalization of the said proceeding, the interest of petitioners are liable to be protected.
In view of above, with the consent of parties, the writ petition is disposed of with the observation that in case the petitioners file their objection against the impugned notice within three weeks from today, the respondent Authorities would proceed to decide the said objection within the period of further two months but certainly after providing opportunity of hearing to all the stake holders in the matter and till the disposal of the same, no coercive action shall be taken against the petitioners pursuant to impugned notices. It is made clear that petitioners would co-operate in the said proceeding so that the same may be finalized at the earliest.
Order Date :- 28.5.2018 A. Pandey