Court No. - 10
Case :- WRIT - C No. - 34724 of 2018 Petitioner :- Sri Ram Daras High Secondary School And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Amarnath Tiwari,Girja Shanker Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners, Shri B.B. Pandey, learned Additional Chief Standing Counsel for the State respondents and Shri Manoj Kumar Yadav, learned counsel for fifth respondent.
The petitioners are before this Court with request to issue direction to the respondents to decide the application dated 22.09.2018 filed by the petitioners under Section 101 of U.P. Revenue Code 2006 for exchange of plot no.255 and 257 area 0.306 hectare with the plot no.291 and 1095 area 0.379 situated in Village Tiladi, Pargana Pachhotar, Tehsil Sadar, District Ghazipur expeditiously. Further prayer has been made to command the respondents not to dispossess the petitioners from aforesaid land.
Learned counsel for the petitioners has informed to the Court that the petitioners' institution is a recognised institution, which is running on the spot and more than one thousand students are studying in the institution and as such, keeping in mind the interest of students, one more indulgence is required in the matter.
Learned Standing Counsel very fairly states that in case any such application is still pending, the same shall be considered and decided by the Authority concerned expeditiously.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Sub Divisional Magistrate/Tehsildar, Tehsil Sadar, District Ghazipur to decide the aforesaid application expeditiously, preferably within a period of two months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost but certainly after according opportunity of hearing to all the stake holders in the matter. It is made clear that till the disposal of the aforesaid application, no coercive action shall be taken against the petitioner.
Order Date :- 31.10.2018 A. Pandey