Allahabad High Court
Avida vs State Of U.P. Thru Collector Amethi ... on 21 January, 2020
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- MISC. SINGLE No. - 1527 of 2020 Petitioner :- Avida Respondent :- State Of U.P. Thru Collector Amethi Distt. Amethi And Ors. Counsel for Petitioner :- Krishna Kumar Dubey,Manish Tiwari Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
Heard Sri Krishna Kumar Dubey, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 and 2.
In the light of order proposed to be passed, requirement of service of notice on respondent no. 3 is dispensed with.
Learned counsel for the petitioner has submitted that there is dispute regarding Khasra No. 619 (Gata No. 2651- Ga), situated in Village - Koora, Pargana - Mohanganj, Tehsil - Tiloi, District - Amethi. It has been submitted that looking into the dispute the Gram Pradhan gave custody of the crop to the petitioner till the dispute is decided by the Sub Divisional Magistrate/Officer. He further submits that the land in question was wrongly recorded in the name of respondent no. 3, vide order dated 23.01.2006, due to which a revision was preferred before the Board of Revenue. The Board of Revenue by order dated 10.08.2011, remanded the matter to the Sub Divisional Magistrate/Officer for decision. The Sub Divisional Magistrate/Officer by order dated 11.05.2012 decided the matter again against which a revision has been preferred before the Divisional Commissioner, Faizabad Division, Ayodhya, the Commissioner by order dated 04.07.2016, remanded the matter back to Sub Divisional Magistrate to the decide the matter in light of report dated 20.05.2014. Finally, the matter is now pending before the Sub Divisional Magistrate/Officer being Case No. T201604710803376 - State Vs. Mohd. Unus, under Section 33/39 of the Land Revenue Act, which is pending since July, 2016.
Learned counsel for the petitioner has also enclosed a copy of the order sheet which indicates that the matter has been listed regularly and is being adjourned without any substantial proceedings.
Learned Standing Counsel also has no objection in case the proceedings are expedited.
In the light of above, the Sub Divisional Magistrate/Officer, Tehsil - Tiloi, District - Amethi is directed to expeditiously conclude the proceedings of Case No. T201604710803376 - State Vs. Mohd. Unus, pending before him under Section 33/30 of the Land Revenue Act, within a period of three months from the date of production of certified copy of this order before him, in accordance with law by means of a reasoned and speaking order.
With aforesaid directions, the writ petition stands disposed of.
Order Date :- 21.1.2020 A. Verma (Alok Mathur, J.)