Court No. - 18
Case :- WRIT - C No. - 11993 of 2018 Petitioner :- Talib Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Pratap Yadav,Krishna Kant Yadav Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Sri Vinod Kumar Yadav, Advocate holding brief of Sri K.K. Yadav and learned standing counsel for the State-respondents are present. Sri Arun Srivasatava has accepted notice on behalf of Gaon Sabha.
Petitioner is before this Court assailing the validity of the order 22.12.2017 passed by second respondent under Section 67 (5) of U.P. Land Revenue Code, 2006 and is also assailing the order impugned dated 11.05.2017 passed by third respondent.
Learned counsel for the petitioner states that at no point of time, in the present matter the actual demarcation of the property in question has ever been done by respondent, merely, on the basis of report of Lekpal, the entire action has been taken. It is also submitted at no point of time his objection in response to the notice under 49-Ka has ever been considered by the competent authority and the same has also been overlooked by the Revisional Authority. Learned counsel of the petitioner, in this background has placed reliance on the judgement passed by this Court in the case of Suresh Vs. State of U.P. and others [2014(124)RD 178] as well as in the case of Arun Kumar Vs. State of U.P. through Collector [2013(121) RD 750].
On the other hand, Sri Sanjay Kumar Singh, learned standing counsel has vehemently opposed the writ petition on the basis of instruction dated 10.04.2018 sent by the respondent/S.D.M., concerned. And as such, it is sought to be contended that once the notice has been given to the petitioner admittedly, even though various opportunities and notices has been given to the petitioner in response to the notice under 49-Ka but admittedly, at no point of time reason best known to the petitioner he has responded the said notice and finally the order impugned had been passed on 11.05.2017 and as such, there is no infirmity or illegality in the order impugned itself.
Matter requires consideration.
In the interest of justice, it would be appropriate let, the proper response may be filed by the respondent.
Learned Standing Counsel prays for and is accorded three weeks time to file response. Learned counsel for the petitioner may file rejoinder affidavit within one weeks' thereafter.
Till the next date of listing the status-quo to the disputed property shall be maintained by the parties.
Order Date :- 25.4.2018 Neeraj