Court No. - 42
Case :- WRIT - C No. - 16619 of 2021 Petitioner :- Vinod And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kailash Pati Singh Yadav Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Bhupendra Kumar Tripathi, learned counsel for Gaon Sabha.
Present petition has been filed seeking following prayers:
"I. issue a writ order or direction in the nature of mandamus directing the respondents not to demolish the Pillars/Wall situated in Plot No. 170 area 0.650 hectare situated in Village Dharhara, Pargana Barhwal, Tahsil Sakaldiha District Chandauli till the disposal of the application /proceeding under section 24 of the Revenue Code.
II. issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to decide the application under section 24 of the Revenue Code within stipulated time."
While pressing prayer no. 1, it is specifically asserted by learned counsel for the petitioner that respondent no. 1 went to the aforesaid plot on 3.7.2021 and started demolition of pillars/boundary wall of the plot belonging to the petitioners. It is submitted that the petitioners are the bhumidhar of the aforesaid plot. Although coloured photograph of the spot, which shows that a JCB is working, was placed before this Court, however the same have not been annexed with the petition.
In view of photographs, this Court is of the opinion that it would be appropriate that the proceedings under Section 24 of the U.P. Revenue Code, 2006, which is pending before the authority concerned, be decided at the earliest.
Considering the aforesaid fact and circumstances of the case, the writ petition is disposed of with a direction to respondent no. 3 to decide the application filed under Section 24 of the Code expeditiously, preferably within a period of one month from the date of production of self attested copy of the order which may be verified from the official website of this Court.
It is made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 27.7.2021/Kuldeep