Smt. Meena Sharma vs The State Of U.P. Thru. Secy. ...
2022 Latest Caselaw 5357 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - C No. - 3902 of 2022
 

 
Petitioner :- Smt. Meena Sharma
 
Respondent :- The State Of U.P. Thru. Secy. Deptt. Of Revenue,Lko. And 3 Others
 
Counsel for Petitioner :- Gyan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and perused the record.

Instant writ petition has been filed by the petitioner challenging the Judgment and order dated 11.4.2022 passed by the respondent no.2.

Learned counsel for the petitioner submits that in fact the impugned order has been passed in violation of the order dated 30.1.2020 as the District Magistrate has directed to the Sub Divisional Officer as well as the Deputy Registrar, Sadar to make spot inspection and submit report with regard to the dispute in question. He has demonstrated Annexure No. 11 at page 72 of the writ petition wherein report was called from the Tehsildar as well as the Lekhpal but neither spot inspection was done and nor any report was ever submitted by the Sub Divisional Officer. Thus, the order impugned has been passed without sport inspection or submission of report by the Sub Divisional Officer and, as such, the order impugned assails illegality and infirmity. He also submits that no notice was issued to the petitioner. Only complainant was associated and the petitioner was not associated on the spot when the Deputy Registrar allegedly inspected the aforesaid spot/property.

On the other hand, learned counsel for the State submits that he will seek detailed instruction in the matter and will produce the report, if any, of the Sub Divisional Officer as well as the Deputy Registrar concerned.

As prayed, list/put up this matter on 29th June 2022 as fresh.

Order Date :- 23.6.2022

Ram Murti