Court No. - 5
Case :- WRIT - C No. - 1272 of 2019 Petitioner :- Tehsildar Singh And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Pawan Kumar Rao,Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and Sri S.P. Singh, learned Standing Counsel, who represents the respondent nos.1, 2 and 3.
Though the case was called twice yesterday and called twice today, learned counsel representing the respondent no.5, Sri Ramesh Chandra Upadhyay has failed to appear before this Court.
Issue notice to respondent no.5.
The contention of learned counsel for the petitioner is that the impugned notice issued by the Tehsildar is without jurisdiction.
According to the learned counsel for the petitioner, the appropriate authority under the U.P. Revenue Code, 2016 is the Assistant Collector and not the Tehsildar, therefore, the notice issued under Rule 67(2) read with Rule 67(5) is a notice issued by authority who is not competent.
Matter requires consideration.
Learned Standing Counsel prays for and is allowed three weeks' time to file counter affidavit. 10 days thereafter to the petitioner to file rejoinder affidavit.
List this petition in the 2nd week of March, 2019 before appropriate Bench. This case shall not be treated as tied up/part heard to this Bench.
In view of the aforesaid, it is hereby provided that the proceedings in pursuance of the notice will continue but final order will not be signed by the respondents authorities without the permission of the Court.
Order Date :- 22.1.2019 A.Kr.*