Hon'ble Manish Mathur,J.
The writ petition has been taken up through video conferencing. It is accompanied with an application for urgency which on consideration is allowed.
Notice on behalf of opposite party No.1 to 4 has been received by learned Chief Standing Counsel, however notice on behalf of opposite party No.5 has been received by Mr. Mohan Singh learned counsel.
Writ petition has been filed seeking following reliefs:-
" i. A writ, order or direction in the nature of Certiorari thereby quash the notice dated 11.3.2021 issued by the Office of the Opp. Party No.4 i.e. Tehsildar Alapur, District Ambedkar Ngar against the petitioners contained as Annexure No.1,2 & 3 to the writ petition."
ii. Issue a writ order or direction in the nature of Mandamus thereby commanding the opposite parties not to demolish the petitioner's houses during the pendency of writ petition. "
Learned counsel for petition submits that petitioner was not served the copy of the order dated 28.9.2009 whereby it was directed to remove the alleged illegal encroachment of the petitioner. It is submitted that now by impugned notice, petitioner has been asked to remove his illegal possession over the land in question, failing which, it will be removed and expenses incurred in this regard would be recovered from him.
Learned Standing Counsel appearing for opposite party No.1 to 4 submits that the said order dated 28.9.2009 was passed under the provisions of U.P.Z.A. & L.R. Act in which there is a provision of filing revision against the said order. The petitioner had neither preferred any revision nor has preferred any restoration application if he claims that the order dated 28.9.2009 was an ex parte order.
We have considered the submissions and gone through the record.
Considering the entire aspect of the matter and after hearing the counsel for parties, we dispose of this petition with the observation that the petitioner may prefer an application for recall of the order dated 28.9.2009 before the authority concerned within a period of one week from today. In case any such application is preferred, it is expected that the same would be considered and decided by the competent authority in accordance with law if possible, within a period of two weeks. For a period of two weeks, the impugned notice dated 11.3.2021 shall be kept in abeyance.
Order Date :- 12.4.2021 prabhat