Court No. - 18
Case :- WRIT - C No. - 36047 of 2018 Petitioner :- Samar Bahadur Singh And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Amar Singh Yadav, learned counsel for the petitioners. Sri Manoj Kumar Yadav appears for the Gaon Sabha and learned Standing Counsel for the State-respondent.
At the very outset, learned Standing Counsel and Sri Yadav raised an objection that no relief can be extended to the petitioners as the relief has been prayed for issuing a mandamus commanding the respondents not to disposes the petitioners and demolish their dwelling house whereas the proceeding under Section 122-B of U.P.Z.A. & L.R. Act, 1950 has been finalised against the petitioners by order dated 3.11.2017 passed by the Tehsildar, Tehsil Shahganj, District Jaunpur and at on point of time, the said order has been assailed and as such for all practical purposes, the same has attained finality.
Confronted with the situation, learned counsel for the petitioners states that some reasonable time may be accorded to the petitioners so that they may assail the validity of the aforementioned order by preferring an appeal.
In the facts and circumstances, the Court is of the considered opinion that though the proceeding u/s 122-B of the Act has been finalised in response to the order dated 12.12.2013 passed by this Court in P.I.L. No. 68090 of 2013 (Durgawati Vs. State of U.P. and 55 Others), however, it is always open to the petitioners to assail the validity of the same by preferring a statutory appeal before the Collector, Jaunpur. In case, such an appeal along with stay application is preferred by the petitioners within two weeks from today, the Collector, Jaunpur would proceed on the merit of the case and decide the stay application as expeditiously as possible and preferably within three months from the date of production of certified copy of the order.
With the aforesaid, the writ petition stands
disposed of.
Order Date :- 30.10.2018 A.K.Srivastava