Court No. - 7
Case :- WRIT - C No. - 34532 of 2021 Petitioner :- Ram Dular Yadav And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ram Pratap Yadav,Devbratt Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
Heard counsel for the petitioners, learned counsel for the Gaon Sabha and the learned Standing Counsel for the State.
Present writ petition has been filed inter alia for the following reliefs:-
“(i) Issue a writ order or direction in the nature of mandamus commanding the Assistant Collector, Lalganj to consider and decide the objection of the petitioners dated 15.11.2021, Computer Case Number T202115060403283 of 2021 & T202115060403284 of 2021, wrongly mentioned as 2016 in the notice of show cause, filed under section 67 of U.P. Revenue Code, 2006 and till disposal of the objection,, petitioners may not be evicted from their house and adjacent land in the interest of justice.”
It is submitted that the proceeding under Section 67 of U.P. Revenue Code, 2006 has been initiated against the petitioners and during the pendency of the aforesaid proceeding State authorities are threatening to the petitioners to demolish the constructions exist over the property in question.
Learned Standing Counsel as well as learned counsel for the Gaon Sabha have no objection in case the aforesaid case is directed to be decided within a stipulated period fixed by this Court.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to the Tehsildar (Respondent No. 4), before whom the aforesaid cases are pending, to decide the same strictly in accordance with law, expeditiously, preferably, within the period as enunciated under Rule 67 of the U.P. Revenue Code Rules, 2016.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
However, consider the peculiar facts and circumstances of the present case, it is provided that during the pendency of the aforesaid proceedings, no coercive action shall be taken against the petitioners.
With the aforesaid direction, present writ petition is disposed of.
Order Date :- 24.12.2021 Pkb/