Allahabad High Court
Jitendra Nath Rai vs The District Maistrate And 4 Others on 13 December, 2019
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- WRIT - B No. - 3025 of 2019 Petitioner :- Jitendra Nath Rai Respondent :- The District Maistrate And 4 Others Counsel for Petitioner :- Sourabh Pathak,Varun Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
Learned Standing Counsel accepted notice on behalf of respondent Nos.1 to 4 and Sri Manoj Kumar Yadav, learned counsel put his appearance on behalf of respondent No.5 The petitioner has preferred the present writ petition with the following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to decide/ correct the village map in pursuance of resport dated 30.10.1984 submitted by Consolidation Officer within the time bound period framed by this Hon'ble Court and to comply the order dated 06.09.2016 passed by this Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No.1 to decide the interim relief application dated 07.06.2019 wihtin the time bound framed by this Hon'ble Court.
(iii) Issue a writ order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iv) Award the cost of the writ petition to the petitioner."
It is argued by learned counsel for the petitioner that although for the same relief, writ petition was earlier preferred by the petitioner being Writ B No.42273 of 2016 (Jitendra Nath Rai Vs.The D.M./Collector, Ghazipur And 4 Others). The aforesaid writ petition was finally disposed of vide its judgment and order dated 6.9.2016. The order passed in the aforesaid writ petition dated 6.9.2016 is quoted below:-
"Heard counsel for the petitioner.
The writ petition has been filed for mandamus directing the Collector to correct the village map in pursuance of the report dated 30.10.1984.
The petitioner has already filed an application before the Collector on 19.5.2016. The Collector may treat the aforesaid application as an application under Section 28 of UP Land Revenue Act, 1901 and he shall proceed to decide it expeditiously, without granting any unnecessary adjournment to either of the parties and after taking necessary evidence and report.
The writ petition is disposed of."
It is further argued that the copy of the aforesaid order was served by the petitioner before the respondent No.1 vide communication dated 26.12.2016, copy of which is appended as Annexure No.6 to the writ petition. Counsel for the petitioner relied upon a report submitted by the Sub Divisional Magistrate Mohhamadabad, Ghazipur to respondent No.1. It is further contended that considrable time has already been lapsed but till date no decision has been taken on the same by the respondent No.1.
Heard learned counsel for the parties. With the consent of learned counsel for the parties, the present writ petition is disposed of finally at the admission stage itself.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the respondent No.1/District Magistrate Ghazipur to consider and decide the matter in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 13.12.2019 saqlain