Heard learned counsel for the petitioners and the learned Standing Counsel for the opposite parties.
This writ petition has been filed with the following prayers:-
(i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 3 to decide the case No. 7, under section 161 of the Act relating to the application of the petitioners in accordance with the law, in the interest of justice.
(ii) a writ, order or direction in the nature of mandamus commanding the opposite parties not to dig the pond in front of the houses of the petitioners in Gata Nos. 201 and 202, during the pendency of the said case no. 7, under section 161 of the Act, before opposite party no. 3.
(iii) Any other writ, order or direction may also be passed under the facts and circumstances of the case in favour of the petitioners in the interest of justice.
Learned counsel for the petitioners has restricted his prayer only to the extent that opposite party no. 3 be directed to dispose of the application for exchange of land moved under section 161 of the U.P.Z.A. & L.R. Act within the stipulated time. It has also been submitted that the applicants have offered their land for exchange with the land of Gaon Sabha which lies just in front of the houses of the petitioners and the said application is pending before the concerned Sub Divisional Magistrate.
Learned Standing Counsel prays for and is allowed three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within three days thereafter.
List immediately thereafter.
In the meanwhile, opposite party no. 3 is directed to make endeavour to dispose of the application for exchange of land under section 161 of the U.P.Z.A. & L.R. Act.
The petitioners may file copy of this order before the concerned Magistrate.
Order Date :- 23.6.2010 Rizvi