Court No. - 10
Case :- WRIT - C No. - 35814 of 2018 Petitioner :- Sarve Dev Patel Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Sunil Kumar Singh,Hari Shanker Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Sunil Kumar Singh, learned counsel for the petitioner; Shri Anurag Srivastava, learned Standing Counsel for the State respondent and Shri Manoj Kumar Yadav, Advocate appearing for the Land Management Committee.
Petitioner is before this Court with the prayer to decide the application dated 15.06.2017 filed by the petitioner alongwith other villagers for cancellation of the proposal of the Housing patta dated 04.08.2013 and acceptance dated 11.07.2014 in favour of the fifth to eighth respondents regarding Arazi no.101 situated in Village Devoriya, Tehsil and Pargana Mohammadabad, District Ghazipur.
Shri Anurag Srivastava, learned Standing Counsel has raised a preliminary objection that the said application on the face of record is not maintainable as per Section 66(2) of U.P. Revenue Code 2006 being barred by limitation of three years period from the date of allotment.
This Court has proceeded to examine the record in question and finds substance in the objection raised by learned Standing Counsel as admittedly the application moved under Section 66(1) of U.P. Revenue Code 2006 cannot be entertained if it is moved after expiry of limitation provided under Section 66(2) i.e. three years period from the date of allotment of patta and as such, no interference is required in the matter.
Once the Court has declined to interfere in the matter, learned counsel for the petitioner has requested that the present Writ Petition be dismissed as not pressed.
Request made is accepted.
Accordingly, the writ petition is dismissed as not pressed.
Order Date :- 29.10.2018 A. Pandey