Allahabad High Court
Mejar Singh vs State Of Up And 2 Others on 28 May, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:97425 Court No. - 35 Case :- WRIT - C No. - 16123 of 2024 Petitioner :- Mejar Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vishal Tandon Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent No.1 & 2 and Sri S.B. Singh, learned counsel for respondent No.3.
2. The petitioner has preferred the present petition with the prayer to quash the entire proceedings of Case No.1980 of 2024 pending in the Court of respondent No.2. A further prayer has also been made to quash the notice dated 19.02.2024 issued by the respondent No.2/Assistant Collector/Tehsildar (Judicial) Tehsil Bisalpur District Pilibhit.
3. Facts in brief as contained the petition are that the the petitioner is resident of Village Firsah Churrah, Post Office Harraiya, Tehsil-Bisalpur, District-Pilibhit and the aforesaid house is situated over plot no. 295 in the said village which is the plot in question in the present case. The aforesaid plot was alloted in favour of the petitioner by way of resolution of Land Management Committee.
4. It is argued by learned counsel for the petitioner that similar proceedings under Section 122B U.P. Z.A. & L.R. Act had been initiated against the petitioner in the year 2002 by the Gaon Sabha for the aforesaid plot and the aforesaid case was dismissed by the Assistant Collector First Class/Tehsildar Bilaspur vide its order dated 24.12.2002. It is argued that again after lapse of 22 years, the same proceedings has been again initiated by the respondent No.3 against the petitioner, therefore,the same is liable to be quashed.
5. On the other hand, it is argued by learned counsel for the respondents that the remedy is available to the petitioner to file reply to the aforesaid notice, therefore the present petition is premature.
6. Heard learned counsel for the parties and perused the record.
7. In view of the fact that the plot in question has been allotted to the petitioner by way of resolution and the fact the petitioner has no other place except the aforesaid land and the proceedings initiated by the Gram Sabha earlier under Section 122-B U.P. Z.A. & LR. Act has already been dismissed, the Court is of the opinion that the present petition be disposed of directing the petitioner to submit a detailed reply to the aforesaid notice within a period of three weeks from today. In case, the reply is submited by the petitioner within the aforesaid period, the concerned respondent/authority will take a decision in the matter most expeditiously and preferably within a period of six weeks thereafter.
8. Till 31 August, 2024 or till the decision taken on the reply whichever is earlier, no coercive action be taken against the petitioner.
Order Date :- 28.5.2024 saqlain