Court No. - 18
Case :- WRIT - C No. - 27654 of 2021 Petitioner :- Vihan Devi @ Bitto Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Kumar Gautam,Rajesh Kumar Patel Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Rajesh Kumar Patel, learned counsel for petitioner as well as learned Standing Counsel.
2. By means of the present writ petition, the petitioner has assailed the order dated 27.02.2021 passed in Case No. T202112560500302 and order dated 27.03.2021 passed in Case No. T202112560500567 (State Vs. Chhotey lal and others) by respondent No. 3 under Section 38(2) of U.P. Revenue Code, 2006 whereby rejected the land of Category - 3 (Asami) and also ordered for recording the land in the Category - 6(1) (Pond) of Gata No. 201 area 0.0890 hectare and Gata No. 277 area 0.0930 hectare situated at Village - Mathana Japati, Pargana - Pooranpur, Tehsil - Kalinagar, District - Pilibhit.
3. Learned Standing counsel on the other hand raised a preliminary objection that the petitioner has an efficacious remedy of appeal against the impugned orders.
4. Learned counsel for petitioner does not dispute the same but submits that the concerned authority may be directed to decide in case the interim relief application is moved along with the appeal by the petitioner expeditiously.
5. In the aforesaid circumstances, the writ petition is disposed of with the observations that in case the petitioner moves an appeal before the concerned authority the same shall be considered and decided expeditiously after affording opportunity of hearing to the parties concerned in accordance with law and in case the petitioner moves an application for interim relief along with the said appeal, the same shall be considered and decided within a period of two months in case there is no legal impediment from the date of filing the same before the concerned authority in accordance with law.
(Alok Mathur, J.) Order Date :- 25.10.2021/Ravi/-