Court No. - 5
Case :- WRIT - C No. - 7896 of 2018 Petitioner :- Ram Lakhan Respondent :- Chief Revenue Officer, Allahabad Counsel for Petitioner :- Raj Karan Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Sri Raj Karan Yadav, learned counsel for the petitioner and Sri Rajesh Kumar, the learned standing counsel.
This writ petition has been filed for a writ of mandamus, directing the Chief Revenue Officer, Allahabad to decide the application of the petitioner under Section 98(1) of the U.P. Revenue Code, 2006.
Sri Kumar, the learned standing counsel has raised an objection, that the competent authority to dispose of the above application, is the Collector, not the Chief Revenue Authority.
Learned counsel for the petitioner submits that the application in question is presently pending before the Chief Revenue Officer, Allahabad.
Be that as it may, without joining issues on the said aspect, learned counsel for the petitioner is permitted to implead the Collector, Allahabad as respondent no. 2, notice on whose behalf has been accepted by the office of the Chief Standing Counsel.
Sri Kumar, the learned standing counsel further states that no useful purpose would be served by keeping this petition pending, it be disposed of by giving appropriate direction to the authority concerned.
This writ petition is disposed of with the direction that in the event petitioner approaches the competent authority, i.e., the Collector, Allahabad, along with the certified copy of the order as well as a fresh application, under Section 98 r/w rule 99(1) of 2006 Rules framed under the U.P. Revenue Code, 2006, he shall proceed to dispose of the same, as expeditiously as possible, preferably within 3 months from the date of production of the certified copy of the order.
It goes without saying that in the event the application of the petitioner is allowed, necessary consequential exercise be carried out, strictly, in accordance with law.
It is made clear that this Court has not commented on the merits of the case.
Order Date :- 28.2.2018/Chandra