Court No. - 49
Case :- WRIT - B No. - 3169 of 2019 Petitioner :- Seeta Ram And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners.
Learned Standing Counsel has accepted notice on behalf of respondents no. 1 to 3. Sri R. C. Upadhyay, learned counsel has accepted notice on behalf of respondent no.4.
The petitioners have preferred the present writ petition inter-alia with the following prayer:-
"(i) a writ in nature of certiorari quashing the entire proceeding of case No.D201815060000359 of 2018, under section 48(3) U.P.C.H. Act (State of U.P. Vs. Sampatti and others) pending before the respondent No.02/District Deputy Director of Consolidation, District Azamgarh village Abhaypur, Pargana Atraulia, Tehsil Budhanpur, District Azamgarh."
It appears from perusal of the record that on an application moved by the private persons a reference has been made by the respondent no.2 in respect of the land in question. On the said reference notices were issued by the respondent no.2 to the present petitioners on 27.2.2018, copy of which is appended as annexure 2 to the writ petition. Various arguments were made by the learned counsel for the petitioners to the effect that the reference made by the respondent no.2 is not at all maintainable.
In view of the same court is of the opinion that no relief could be granted to the petitioners in so far as the present writ petition is concerned.
Without entering into the merits of the case, the writ petition is disposed of finally permitting the petitioners to submit their objections in detail before the respondent no.2 along with certified copy of this order within a period of three weeks from today. If such an objection is preferred by the petitioners within the aforesaid period, the respondent no.2 will decide the same within a period of four months thereafter, in accordance with law.
Order Date :- 20.12.2019 Pramod Tripathi