Satendra Singh And Another vs State Of U.P. And 3 Others
2022 Latest Caselaw 3567 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 8401 of 2022
 

 
Petitioner :- Satendra Singh And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sanjay Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

This writ petition has been filed inter-alia with the following prayers:

"i. Issue a writ order or direction in the Nature of MANDAMUS commanding and directing the Collector Gautam Budh Nagar to rectify the order dated 07.04.1993 under Section 154(2) and 167(2) of U.P.Z.A. & L.R. Act and remove the share of the petitioners from the Schedule B of Khasra no.19, area 1-10-0 Bigha, Khasra no.20 area 0-13-0 Bigha, Khasra no.21 area 0-9-0 Bigha and Khasra no.22 area 1-15-0 Bigha of the revenue village Salarpur pargana and Tehsil Dadri, District Gautam Budh Nagar.

ii. Issue a writ, order or direction in the nature of MANDAMUS decide the application under section 152 C.P.C. being case no.02/2021 (Rajendra and others Vs. State) for rectification of the order dated 07.04.1993 passed by the Collector under Section 154(2) and 167(2) of U.P.Z.A. & L.R. Act."

Heard Sri Sanjay Kumar Mishra, learned counsel for the petitioners and the learned Standing counsel who has accepted notice on behalf of respondents no.1 to 3.

Learned counsel for the petitioners contends that the controversy involved in this writ petition is covered by the decision of this Court rendered in Surajbhan Sharma Vs. State of U.P. and Others (2011 (10) ADJ 296).

The factum of the judgment rendered in the case of Surajbhan Sharma (supra) has not been disputed by the learned counsel for the parties. However, learned standing counsel states that the petitioners have come after 29 years for the correction in schedule to the judgment dated 7.4.1993 and the petition suffers from laches.

Be that as it may, since on the same issue, this Court has passed a detailed order in the case of Surajbhan Sharma (supra), therefore, this writ petition is also disposed of in terms of the judgment rendered by this Court in Surajbhan Sharma (supra) with the direction to the District Magistrate, Gautam Budh Nagar to examine the claim of the petitioners and in the event petitioner's claim is covered by the aforesaid decision, the same shall be disposed of as expeditiously as possible, preferably within a period of three months from the date of receipt of certified copy of the order of this Court. The authorities shall take notice of the aforesaid judgment.

It may be clarified that this Court has not gone into the merit of the submissions of the counsel for the parties, the authority concerned shall look into the same and take decision independently provided controversy is covered by the judgment in the case of Surajbhan Sharma (supra).

Order Date :- 20.5.2022

Pramod Tripathi