Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 24403 of 2012 Petitioner :- Shyam Karan Singh Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- Vinod Sinha,Mahesh Sharma Counsel for Respondent :- C.S.C.,Anirudh Kumar Upadhyay,K.K.Mishra,R.C. Singh,Ritesh Upadhyay,Shashi Nandan
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Vinod Sinha, learned counsel for the petitioner, Mr. Shashi Nandan, learned Advocate with Mr. K.K. Mishra, learned counsel for respondents 3 and 4 and Ms. Subhash Rathi, learned Standing Counsel for respondents- State.
In this writ petition, in the nature of public interest, the petitioner seeks a direction to the respondents not to change the nature of plot nos. 478 and 480, situated in Village Jhajhar, Pargana and Tehsil Sikandrabad, District Bulandshahar. Counsel for the petitioner contends that these two plots, which were earmarked as public utility land, had been allotted to the predecessor of respondents 3 and 4 and these respondents are likely to convert the land use by raising constructions over the same. The District Magistrate, Bulandshahar has filed a counter affidavit and in para 20 thereof has stated that proceedings under Section 198 (4) of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (for short 'Act') has already been initiated against respondents 3 and 4 for cancellation of allotment/lease.
Learned Senior Counsel for the respondents 3 and 4 submits that respondents 3 and 4 have not made any development over these two plots and they have simply constructed a boundary wall. He further submits that if directions are issued to dispose of the proceeding initiated under Section 198 (4) of the Act within time frame, respondents 3 and 4 are prepared to make a statement that they shall not raise any constructions and or make any development over the said plots.
Counsel for the petitioner prays for disposal of the writ petition with a direction to the concerned authority where proceedings under Section 198 (4) of the Act are pending, to dispose of the same expeditiously.
Hence, the writ petition is, accordingly, disposed of by the following order.
The Collector shall dispose of the proceeding under Section 198 (4) of the Act in respect of Gata Nos. 478 and 480, as expeditiously as possible and preferably within a period of six months from today. Parties are directed to cooperate in disposal of the proceedings within the stipulated time. Till the proceedings under Section 198 (4) of the Act are disposed of, respondents 3 and 4 shall not carry out any development over the plots in dispute. It is made clear that this Court has not examined the merits of the case.
Order Date :- 18.4.2017 RK (Dilip B Bhosale, CJ) (Yashwant Varma, J)