Court No. - 10
Case :- WRIT - C No. - 36005 of 2018 Petitioner :- Vijayanand Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohan Yadav Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Mohan Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
Petitioner is before this Court asking the Tehsildar, Tehsil Phoolput, District Allahabad to ensure compliance of the order dated 29.6.2018 passed by Sub Divisional Officer, Tehsil Phoolpur, District Allahabad in case no. 543 (Vijayanand Vs. Gaon Sabha) under Section 41 L.R. Act on the issue of demarcation of Gata No. 102 situated in village Soni, Pargana Jhunsi, Tehsil Phoopur, District Allahabad.
Learned counsel for the petitioner apprised to the Court that earlier petitioner has approached this Court by preferring Writ-C No. 21299 of 2018 for ensuring compliance of the order dated 18.12.2010 passed by the Sub Divisional Magistrate, Phoolpur, District Allahabad. The said writ petition was disposed off by order dated 20.6.2018 with an observation that in case the order passed by the Sub Divisional Magistrate is being flouted/ not complied by the concerned Tehsildar, it is for the Sub Divisional Magistrate to see whether he can initiate a disciplinary proceeding against the Tehsildar, Tehsil Phoolpur, District Allahabad by making a report to the District Magistrate concerned and ensure compliance of his own order.
Learned counsel for the petitioner further apprised to the Court that in response to the aforesaid order, the Sub Divisional Magistrate has taken cognizance 29.6.2018 asking the Tehsildar Phoolpur to do the needful in the matter. In this backdrop, he states that so far as grievance of the petitioner is concerned, the same is yet to be redressed by the competent authority and at no point of time, the proceeding under Section 41 L.R. Act has been finalised and every time, he has to approach this Court for doing needful in the matter.
In the facts and circumstances, the Tehsildar concerned is hereby directed to ensure compliance of the order passed by the Sub Divisional Magistrate, Phoolpur, District Allahabad and finalise the proceeding under Section 41 L.R. Act, as expeditiously as possible and preferably within two months from the date of production of certified copy of the order.
With the aforesaid, the writ petition stands
disposed of.
Order Date :- 30.10.2018 A.K.Srivastava