Allahabad High Court
Radhey Shyam Mishra vs State Of U.P. Through Principal ... on 6 August, 2010
Bench: Devi Prasad Singh, Anil Kumar
Court No. - 27 Case :- MISC. BENCH No. - 7493 of 2010 Petitioner :- Radhey Shyam Mishra Respondent :- State Of U.P. Through Principal Secy.Nagar Vikas Lucknow Petitioner Counsel :- Pawan Kumar Singh Respondent Counsel :- C.S.C.,Aftab Ahmad Hon'ble Devi Prasad Singh,J.
Hon'ble Anil Kumar,J.
Heard learned counsel for the parties.
The grievance of the petitioner is that the application with regard to free-hold land in pursuance to the Government Order is pending before the District Magistrate. During pendency of the recovery proceedings, recovery proceedings have been initiated.
Accordingly, with liberty to the petitioner to represent his cause afresh within fifteen days, present writ petition is finally disposed of directing the District Magistrate to look into the matter and decide the controversy in accordance with law by passing a speaking and reasoned order expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order and communicate the decision to the petitioner.
It has been submitted by the petitioner's counsel that one fourth amount has already been deposited by the petitioner in pursuance to the Government Orders dated 2.12.1992 and 3.3.1999 but the same has not been taken into account. That aspect of the matter shall also be considered by the District Magistrate. For the period of three months or till disposal of the representation, whichever is earlier, status quo, as it exists today shall be maintained.
Subject to above, the writ petition is finally disposed of.
No order as to costs.
Order Date :- 6.8.2010 kkb/