Allahabad High Court
Ram Swaroop vs State Of U.P. And Others on 22 October, 2019
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 57 Case :- WRIT - C No. - 57104 of 2009 Petitioner :- Ram Swaroop Respondent :- State Of U.P. And Others Counsel for Petitioner :- Sukesh Kumar,S.N. Yadav Counsel for Respondent :- C.S.C.,D.D. Chauhan,Saurabh Tiwari Hon'ble Saral Srivastava,J.
This Court vide the order dated 03.07.2018 direct the learned Standing Counsel to seek instruction as to how the Collector, Etawah, passed order rejecting the claim of the petitioner on the ground that no application under Section 122B(4F) of the U.P. Z.A. & L.R. Act, 1950 has been filed by the petitioner, though from the perusal of the Page 42 and 43 of the writ petition, the information received by the petitioner under the Right to Information Act from the Tehsildar, Etawah, clearly reveals that the petitioner has filed application under Section 122B(4F) of the U.P. Z.A. & L.R. Act, 1950.
When the matter is taken up, Shri Bimala Prasad learned Standing Counsel submits that as per the instruction received no case in respect of the petitioner under Section 122B(4F) of the U.P. Z.A. & L.R. Act, 1950 is pending. It appears that the concerned officer who has given the instruction has not read the order of the Court. It is also pity on the part of the respondent in not filing any counter affidavit though the writ petition was filed in the year 2009 and is pending for more than 10 years.
Learned Standing Counsel prays that one day further time be granted to seek instruction on the query made by the Court in its order 03.07.2018.
On the request of learned Standing Counsel one day time is granted to seek necessary instruction.
Put up on 24.10.2019.
Order Date :- 22.10.2019 Sachin