Allahabad High Court
Suresh Kumar Jain And 2 Others vs State Of U.P. And 3 Others on 17 January, 2024
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:8275 Court No. - 34 Case :- WRIT - C No. - 42545 of 2023 Petitioner :- Suresh Kumar Jain And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Niranjan,K.S. Ojha Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
Re: Civil Misc. Impleadment Application No.- 7 of 2024 Heard learned counsel for the parties.
Impleadment application is allowed.
Let necessary impleadment be carried out within a period of one week.
Order on Petition Petitioner is aggrieved by the order dated 2nd November, 2023 whereby the entire preliminary decree, the consequential apportionment of land and final decree has come to be cancelled by the Sub-Divisional Officer (SDO), Madihan, Mirzapur.
Learned counsel for the petitioner submits that order is quite cryptic one and does not discuss as to in what manner the joint plot numbers were wrongly partitioned/ apportioned.
Learned Standing Counsel submits that this is a case arising out of partition suit and decree and the application of recall only has been allowed and so the order amounts to final order against which revision can be filed before the higher forum.
Learned counsel for the petitioner though does not dispute this above legal position and submits that now since Commissioner has referred certain part of these lands for the purposes of setting up Vindhyachal University, he may not be impartial in the matter. In this regard he has drawn the attention of the Court towards the letter dated 3rd November, 2023 issued by the Joint Secretary, Government of Uttar Pradesh.
In my considered view, merely because certain reference qua certain land which may be part and parcel of the land in question has been made previously, will not make the conduct of the Commissioner in the matter of judicial proceedings apprehensively questionable and therefore, such an apprehension raised appears to be misplaced one.
In the circumstances, I hereby provides that in the event petitioner prefers revision within a period of 30 days from today, the same shall be heard and disposed of by the Commissioner concerned within a further period of two months and he shall dispose of the same without being influenced by the letter of Joint Secretary dated 3rd November, 2023 and shall be passing orders on merits.
The order to be passed by the Commissioner shall be well informed one and until such disposal or for a period of four months from today, whichever is earlier, no interference shall be made in the matter of possession of land by the respective parties pursuant to the letter issued by the Joint Secretary, Government of U.P. dated 3rd November, 2023, nor any measurement exercise shall be carried out pursuant to such letter over the land in question.
With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 17.1.2024 Atmesh