Court No. - 10
Case :- WRIT - C No. - 36288 of 2018 Petitioner :- Ramashankar And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Krishna Chandra Pandey Counsel for Respondent :- C.S.C.,Ashu Verma
Hon'ble Mahesh Chandra Tripathi,J.
Petitioners are before this Court assailing the order impugned dated 13.8.2018 passed by the second respondent in Revision No. C2016160000158 of 2016 (Ramashanakar & another Vs. Pancham & others) as well as the order dated 1.2.2016 passed by third respondent in Case No. 329T201816530201962 of 2016 (Ramashanakar Vs. Raviratan Singh), under Section 34 U.P.L.R. Act.
Learned counsel for the petitioners precisely submits that the petitioners are bona fide purchaser and their name has been mutated in the revenue record. Consequently, the private respondent had proceeded to move an application for recall of the said order and twice the same had been dismissed for non- prosecution but eventually the same has been allowed. Even the Revision has been rejected arbitrarily. Hence, this writ petition.
The Court has proceeded to examine the record in question and finds that once the Authority concerned as per its own wisdom proceeded to recall the order and the matter has not been decided as yet, in such situation, the parties may be heard and the proceeding may be finalised under Section 34 of U.P.L.R. Act.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and without adverting on merits of the case, the writ petition stands disposed of asking the Tehsildar, Tehsil Lalganj, District Mirzapur to decide the aforementioned case, in accordance with law, as expeditiously as possible and preferably within three months from the date of production of certified copy of this order before him but certainly after giving an opportunity to all the stakeholder in the matter.
Order Date :- 31.10.2018 A.K.Srivastava