Court No. - 18
Case :- WRIT - C No. - 13286 of 2018 Petitioner :- Ramagya And 2 Others Respondent :- Collector/Record Officer And 5 Others Counsel for Petitioner :- A.P.Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay,Tariq Maqbool Khan
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri A.P. Singh, learned counsel for the petitioners and Shri Rajesh Srivastava, learned Standing Counsel for State respondents.
Petitioner is before this Court with the request to command the third respondent i.e. Sub Divisional Magistrate/Joint Magistrate, Sadar, District Gorakhpur not to proceed in Case no.275 under Section 41 of U.P. land Revenue Act, 1901 (Ram Sahay and others vs. Gaon Sabha and others) until and unless demarcation Suit no.96/178 of 2016 (Ramagya and others vs. State of U.P. and others) pending before Record Officer has not been decided. Further prayer has been made to command the third respondent i.e. Assistant Record Officer, Gorakhpur to decide Suit no.96/178 of 2016 (Ramagya and others vs. State of U.P. and others).
In response to the order dated 12.04.2018, necessary instructions have been sent by the District Magistrate, Gorkahpur. The same is taken on record.
On the basis of aforesaid instructions, Shri Rajesh Srivastava, learned Standing Counsel contends that at present no one is holding the post of Assistant Record Officer and as such, the grievance of the petitioner cannot be redressed at this stage.
Confronted with this situation, learned counsel for the petitioner states that leave may be accorded to the petitioner to move an appropriate application for redressal of grievance of the petitioner.
Considering the above facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending and as such, this Court proceeds to dispose of the present writ petition by asking the petitioner to move a fresh application/representation before the District Magistrate, Gorakhpur for redressal of his grievance within two weeks from today and in case any such approach is made, this Court hopes and trust that the District Magistrate concerned would proceed strictly in accordance with law and decide the said representation/application expeditiously, preferably within a period of four months from the date of production of justified copy of this order.
Order Date :- 30.4.2018 A. Pandey