Allahabad High Court
Krishna Bhati vs State Of U.P. And 2 Others on 13 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:177883
Court No. - 34
Case :- WRIT - C No. - 21601 of 2024
Petitioner :- Krishna Bhati
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Abhay Singh Tomar,Adarsh Bhushan,Ishwar Chandra Tyagi
Counsel for Respondent :- C.S.C.,Manish Kumar,Sunil Kumar Singh
Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record
2. This writ petition has been filed for the following reliefs:-
"1) Issue any other suitable writ, order or direction in the nature of certiorari quashing impugned order and judgment dated 12.01.2024 (Annexure No. 4 to the writ petition) passed by Respondent no.2 in Case no. 15636 of 2015 (Land Management Committee Chitchara Vs Krishna Bhati) filed under section 122B of the U.P. Zamindari Abolition and Land Reforms Act, 1950.
2) Issue any other suitable writ, order or direction in the nature of certiorari quashing impugned recovery citation dated 24.06.2024(Annexure No. 6 to the writ petition) of Rs. 33,15,015/- issued by Tehsildaar, Dadari, Gautam Budh Nagar against the Petitioner.
3) Issue any other suitable writ, order or direction in the nature of mandamus directing the Respondent No.2 to decide the Recall Application dated 13.06.2024 filed by the Petitioner for recalling the order dated 12.01.2024 in Case no. T201511270215636/2015 (Land Management Committee Chitehara Vs Krishna Bhati) (Annexure No. 5 to the writ petition) within a time period as may be specified by this Hon'ble Court and till then status quo may be maintained by the Respondents over the property in question and no recovery may be made from the Petitioner."
3. By order impugned dated 12.01.2024, an order has been passed against the petitioner under Section 122-B of the U.P.Z.A. & L.R. Act, 1950 and a recall application filed by the petitioner dated 13.06.2024 is pending.
4. This Court by order dated 16.07.2024 has granted an interim order. Order dated 16.07.2024 is quoted as under:-
"Heard Sri Adarsh Bhushan, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel appearing for the State respondent and Sri Sunil Kumar Singh, learned counsel representing the respondent Gram Sabha.
The present petition has been filed seeking to assail the order dated 12.01.2024, passed by the respondent No. 2, in Case No. 15636 of 2015 (Land Management Committee Chitehara Vs. Krishna Bhati), passed in proceedings under Section 122B of the U.P. Zamindari Abolition and Land Reforms Act, 1950.
It is submitted that the aforesaid order was ex parte and an application seeking recall was filed on 13.06.2024, and the same is pending.
Counsel for the petitioner has sought to draw the attention of the Court to the fact that an office order has been issued by the Tehsildar Dadri for the purposes of giving effect to the order passed in proceedings under Section 122B of the U.P.Z.A. & L.R. Act, 1950.
Learned counsel prays for time to place the aforesaid office order on record by way of a supplementary affidavit.
Counsel appearing for the State respondents and the counsel appearing for the respondent Gram Sabha, also pray for time to obtain instructions.
As prayed, list on 23.07.2024 as fresh.
Till the next date of listing, the respondent authorities would be expected not to proceed against the petitioner, in pursuance of the order dated 12.01.2024, passed under Section 122B of the U.P.Z.A. & L.R. Act, 1950."
5. Learned Standing Counsel has submitted no useful purpose would be served in keeping this petition pending and a direction be issued to respondent No. 2 to consider and decide the recall application filed by the petitioner within a time frame as may be fixed by this Court.
6. In view of the same, respondent No. 2- Assistant Collector/ Tehsildar (Judicial), Dadari, District- Gautam Budh Nagar is directed to consider and decide the recall application dated 13.06.2024 filed by the petitioner expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. The petitioner will file certified copy of this order within a period of one week from today.
7. Till disposal of the recall application, the petitioner will not be dispossessed in pursuance of the impugned order.
8. Accordingly, the writ petition stands disposed of.
Order Date :- 13.11.2024/Nitika Sri.
(Manish Kumar Nigam,J.)
