Court No. - 19
Case :- WRIT - C No. - 17987 of 2021 Petitioner :- Smt.Sakhi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditya Shukla Counsel for Respondent :- C.S.C.,Deepak Gaur
Hon'ble Saurabh Shyam Shamshery,J.
This writ petition is filed challenging the order dated 12.9.2018, whereby an application filed on behalf of petitioner was dismissed in a proceedings initiated under Section 128 of U.P. Revenue Code, 2006, and the matter was directed to put up for evidence. A revision was rejected on the ground that the said order was interlocutory in nature.
Sri Aditya Shukla, learned counsel for petitioner, submits that by rejecting the application of petitioner, the Collector has given certain findings, which are final in nature, therefore, nothing left to decide finally. The petitioner has filed the said application to call a report from the Tehsil, regarding disclosure of name of person, who had recorded the entry.
Admittedly, the impugned order dated 12.9.2018, is interlocutory in nature, as the matter is now fixed for evidence. Therefore, no final decision is taken and the issue is still pending before the Authority. Therefore, no relief can be granted to the petitioner. However, it is expected from the District Magistrate that the final decision on the proceedings under Section 128 of U.P. Revenue Code, 2006, will be on merit of the case, without getting influenced from the finding, if any, arrived in the interlocutory order dated 12.9.2018.
This writ petition is disposed of, accordingly. This order is passed in the presence of Sri Deepak Gaur, learned counsel for Gaon Sabha.
Order Date :- 21.9.2021 Shalini