Court No. - 46
Case :- WRIT - C No. - 4061 of 2019 Petitioner :- Subash Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Dhirendra Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Saral Srivastava,J.
Heard Sri Dhirendra Singh, learned counsel for the petitioner and Sri Sanjay Ram Tripathi, learned Standing Counsel for respondents no. 1 to 3.
The petitioner and his wife Smt. Neelam has been granted patta of the land having an area of 0.070 hectare.
Against the approval of the lease deed of the petitioner, the proceeding under Section 128 U.P. Revenue Code, 2006 for cancellation of lease deed was invoked by one Surendra Rajbhar-respondent no. 5 before the respondent no. 2 District Magistrate/ Collector, Mau which was dismissed by respondent no. 2 by order dated 18.8.2017.
The petitioner contends that the petitioner is entitled for possession over the aforesaid plot but the authorities are not delivering the possession of the aforesaid plot.
Learned Standing Counsel submits that the petitioner has remedy of Section 129 of the U.P. Revenue Code, 2006 before the Sub Divisional Magistrate/ Sub Divisional Officer- respondent no. 3 for restoration of possession.
Learned counsel for the petitioner submits that the petitioner has filed an application on 19/21.9.2017 before the Sub Divisional Magistrate, Tehsil Sadar District Mau- respondent no. 3 but he has not yet decided the same.
Considering the facts and circumstances, with the consent of the parties, the writ petition is disposed of with a direction to respondent no. 3 Sub Divisional Magistrate, Tehsil Sadar District Mau to decide the application of the petitioner expeditiously, preferably within a period of three months from the date of production of the certified copy of the order, if there is no other legal impediment.
Order Date :- 29.4.2019 Ishan