Court No. - 42
Case :- WRIT - C No. - 23823 of 2021 Petitioner :- Sodan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamesh Kumar Arya Counsel for Respondent :- C.S.C.,Arun Kumar Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Sri Arun Kumar Pandey has accepted notice on behalf of Respondent no.5/ Gaon Sabha concerned.
Present petition has been filed for directing Respondent no. 4 to enter the name of petitioner in revenue record bearing Gata no.319M area about 0.35 Decimal situated in Village Dhawani Hasanpur, Tahsil Bilaspur, District Rampur and for directing Respondent nos. 2 and 4 to decide the applications dated 16.2.2021 pending before respondent no.4, application dated 22.6.2021 pending before respondent no.3 and application dated 6.7.2021 pending before respondent no.2, within stipulated period at an early date, as may be fixed by this Hon'ble Court.
During the course of argument, attention was drawn by learned counsel for the petitioner on an orders passed in his favour way back in the year 1991 and onwards.
Submission is that the petitioner was in possession of the land in question, but his name was not mutated.
Learned Standing Counsel submits that all the grievances of the petitioner can suitably be considered by Respondent no.3 on merits after looking into the original documents, which are being relied on by the petitioner and appropriate orders may be passed by him or he may be relegated to avail the remedy, as may be available to him in accordance with law.
In view of the aforesaid, present petition stands disposed of with a direction to Respondent no.3/ Sub-Divisional Magistrate to decide the application filed by the petitioner on his own merits, strictly in accordance with law, preferably within a period of three months from the date of production of self-attested copy of this order, which may be verified from the official website of this Court. However, it is further made clear that if the application pending before Respondent no.3 is cognizable by other other authority, he shall inform the petitioner at the earliest, so that he may avail the said remedy in accordance with law.
It is further made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observations, present petition stands disposed of.
Order Date :- 23.9.2021 N.S.Rathour