Single-judge order disposing of a writ petition challenging orders of seizure notices issued against the petitioner regarding disputed land possession, finding the writ maintainable but not adjudicating the merits.
Writ petition disposed of; liberty granted to file detailed objection to the notices under Section 198(4) within three weeks.
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Court No. - 10
Case :- WRIT - C No. - 34988 of 2018
Petitioner :- Ratan Lal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Ajay Kumar, learned counsel for the petitioner and Shri Rajesh Kumar, learned Standing Counsel.
The petitioner is before this Court assailing the orders dated 25.2.2015 and 1.12.2016 passed by the District Magistrate/ Collector, Mainpuri in Case No.D201501490010 under Section 198 (4) of UPZA & LR Act (Pradeep Yadav v. Ratan Lal & Ors.) as well as the order dated 15.11.2017 passed by Addl. Commissioner (Judicial) Agra Region, Agra in Revision No.C-1996/2016 under Section 333 of UPZA & LR Act (Ratan Lal v. State of U.P.) and for a direction to the respondents not to interfere in peaceful possession over the land of the petitioner as Gata No.569 area 0.259, Gata No.2032 area 1.003 situated in Mauja Lakhaura, Pargana Kurawali Tehsil and Distt. Mainpuri.
Shri Rajesh Kumar, learned Standing Counsel submits that against the order impugned under Section 198 (4) of UPZA & LR Act by which only notices have been issued to the petitioner, the revisional authority under Section 333 of UPZA & LR Act has rightly proceeded to non-suit the said revision on the ground that the same has been preferred against only notice and as such the revision is not maintainable. In case the petitioner has any grievance, he may raise all the grievance before the authority concerned in the said proceeding by filing objection.
The Court has proceeded to examine the record in question and find that proceeding under Section 198 (4) of UPZA & LR Act has been initiated and notices have been issued to the petitioner. In case the petitioner has any grievance, he is at liberty to file detailed objection. It is provided that in case any such objection is taken by the petitioner within three weeks from today, the authority in question would proceed to finalise the proceeding in further three months but certainly after giving opportunity to all stake holders in the matter. For a period of four months or till the disposal of said objection, whichever is earlier, parties shall maintain status quo as on today qua the disputed property.
The writ petition stands disposed of accordingly.
Order Date :- 29.10.2018 SP/
Ratan Lal
State Of U P
2 Others
Mahesh Chandra Tripathi
As recorded by the court registry
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