Notice on behalf of opposite parties no. 1 to 3 has been accepted by the learned Chief Standing Counsel. For the order proposed to be passed, there is no need to issue notice to opposite parties no. 4 to 11.
Heard learned counsel for the parties.
The writ petition has been filed challenging the order dated 26.9.2018 passed in Case No. 01771 of 2018 (Computerised Case No. C201804000001771); Ramau and others vs. Smt. Abhilasha Tiwari and others whereby the appellate authority while admitting the appeal filed under Section 331 (3) U.P.Z.A.&L.R. Act has stayed the operation of the order dated 5.7.2018 which was under challenge. The petitioner being one of the respondents in the said appeal has preferred this writ petition.
As per facts of the case, the petitioner had filed an application under Section 209 U.P.Z.A.&L.R. Act before the Sub Divisional Officer, Tehsil Amethi, Amethi for removal of illegal encroachment over the land situated at Gata No. 1185A measuring 00.950 hectare in Revenue Village Mahmoodpur, Pargana, Tehsil and District Amethi. The said application was allowed vide order dated 5.7.2018. The opposite parties no. 4 to 11 has filed the aforesaid appeal against the order dated 5.7.2018. The appellate authority without properly going through the record has passed the interim order after accepting the arguments of opposite parties that the land in question is abadi land.
Submission is that the land in question is not abadi land. The petitioner is the tenure holder with transferrable rights over the land in question on the basis of sale-deed. The private opposite parties had illegally encroached over the land in question, as such, she had filed a case under Section 209 U.P.Z.A.&L.R. Act. The opposite party no. 3, Sub Divisional Officer, Amethi after hearing the parties and going through the record was satisfied that there is encroachment over the land in question and, as such, had allowed the case filed by the petitioner under Section 209 U.P.Z.A.&L.R. Act, however, the learned appellate authority without properly considering relevant records has passed the interim order due to which the petitioner has been put to unnecessary harassment.
Learned standing counsel submits that the appeal preferred by the opposite parties no. 4 to 11 is still pending and, as such, the writ petition at this stage is not maintainable.
Be that as it may, this Court is of the view that in case the petitioner is aggrieved by the impugned order dated 26.9.2018, she can move appropriate application for vacation of interim order and contest the appeal on merit before the authority where it is pending.
In this view of the matter, the writ petition is disposed of finally with the observation that the petitioner may move appropriate application for vacation of interim order granted by the appellate authority vide impugned order dated 26.9.2018 and contest the appeal on merit. The opposite party no. 2, Additional Commissioner (Judicial), Faizabad Zone, Faizabad before whom the said appeal is said to be pending, shall make all possible endeavour to consider and decide the same in accordance with law, giving opportunity of hearing to the parties concerned, expeditiously, say within a period of six months from the date a certified copy of this order is placed before him.
Order Date :- 26.9.2019 Santosh/-