Allahabad High Court
Anil Kumar vs State Of U.P. & 5 Others on 18 January, 2018
Author: Pankaj Naqvi
Bench: Pankaj Naqvi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - C No. - 57347 of 2017 Petitioner :- Anil Kumar Respondent :- State Of U.P. & 5 Others Counsel for Petitioner :- Ram Surat Saroj Counsel for Respondent :- C.S.C. Hon'ble Pankaj Naqvi,J.
Heard Shri Ram Surat Saroj learned counsel for the petitioner and Shri Rajesh Kumarlearned Standing Counsel.
This writ petition is preferred against the order dated 10.07.2017 passed by the Additional Collector (Judicial), Gauam Budha Nagar in Revision No. D-02017112702716 under Section 122-B (4-A) of the UPZA&LR Act ((KRBL Ltd. vs. Land Management Committee, Acheja, District Gautam Budha Nagar) whereby the revisional authority stayed the order of ejectment dated 29.06.2017 and has also stayed damages to the tune of Rs.4,30,20000/- till the disposal of claim of resumption of possession of respondent no. 6.
Learned counsel for the petitioner challenges the propriety of the order on several grounds including that the Tehsildar concerned has passed the order staying recovery of damages in the teeth of law.
Learned Standing Counsel submits that ends of justice would be met if an appropriate direction is issued to the revisional authority to decide the appeal preferably on the next date fixed.
This writ petition is disposed of with the direction that the Revision No. D-02017112702716 under Section 122-B (4-A) of the UPZA&LR Act ((KRBL Ltd. vs. Land Management Committee, Acheja, District Gautam Budha Nagar) pending before respondent no. 3 shall be disposed of as expeditiously as possible either on the next date fixed or the next date thereafter, but positively within two months from today.
Adjournments, if any, shall be for strong and compelling reasons, else would attract an exemplary cost of not less than Rs.5000/- to be deposited before the Tehsildar concerned so as to be remitted in the appropriate fund of the Gaon Sabha concerned.
Shri Rajesh Kumar learned Standing Counsel states that the State shall not seek any unnecessary adjournment.
Compliance report shall be submitted in Chambers on 30.04.2018 at 4:00 p.m. Let the Registrar General communicate this order to the District Magistrate, Gautam Budh Nagar so as to enable him to apprise the Additional Collector (Judicial) concerned forthwith. Service of certified copy of this order upon respondent no. 3 shall also constitute due service.
Order Date :- 18.1.2018 VR