Sirajul Hasan and 3 Others v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 37774 of 2023 Petitioner :- Sirajul Hasan And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Manish Kumar Nigam,J.

¶1Supplementary affidavit ha been filed today, which is taken on record.

¶2Heard learned counsel for the parties and perused the record.

¶3This writ petition has been filed for the following relief:- "(i). Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.05.2003 passed by respondent no.2 in Case No.122/1994-95 (State of U.P. Vs. Bhagwaniya and others), under Section 198(4) of U.P.Z.A. and L.R. Act and impugned order dated 20.03.2023 passed by respondent no.3 in Revision No.109 of 2007-08 (computerized case no.C201402000000433 (Sirajul Hasan and others Vs. State of U.P. and others) u/s 333 of U.P.Z.A. and L.R. Act (Anexure 3 & 6 to this writ petition)."

¶4It has been contended by the learned counsel for the petitioners that during pendency of the revision, petitioners have been declared Bhumidhar by operation of law.

¶5In a proceeding for cancellation of lease granted to the petitioners, petitioners filed an objections to the aforesaid proceedings, which were rejected by the order dated 05.05.2003. On the ground that the case under Section 198(4) is pending, which will be decided after the evidence of the parties. Against the order dated 05.05.2003, revision was filed by the petitioners which has also been dismissed.

¶6Since proceedings under Section 198(4) are pending before the court below, it will be in the interest of justice that same may be decided, in accordance with law, expeditiously, preferably within a period of three months after providing opportunity of hearing to all the parties. It will be open for the petitioners to raise all the objections including question of limitation.

¶7With the aforesaid observation, this petition stands disposed of Order Date :- 2.11.2023 Mini (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad