The Hon'ble Allahabad High Court disposed of the writ petition. The court permitted the petitioner to file a fresh representation before the District Magistrate, Sambhal, to seek restoration of possession of disputed land, directing the authorities to decide within six weeks with a hearing opportunity.
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Court No. - 19
Case :- WRIT - C No. - 15741 of 2022
Petitioner :- Soran Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Tewari Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Learned counsel for the petitioner is permitted to implead the District Magistrate, Sambhal as respondent no. 5 to the array of parties during the course of the day.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The petitioner has preferred the present petition inter alia with the prayer following prayer:-
"a. to issue a writ, order or direction in the nature of Mandamus commanding the respondent Nos. 2 and 3 to restore the possession of the petitioner over the land in dispute i.e. Gata No.584 area 0.84 Dec. in view of the provisions of Section 122B (4)F of U.P. Zamindari Abolition and Land Reforms Act"
It is argued by learned counsel for the petitioner that the petitioner has filed a representation dated 15.12.2021 before respondent no.5- District Magistrate, Sambhal but the same is still pending.
In view of the submission advanced by the learned counsel for the petitioner and considering the facts of the case, this Court is of the opinion that the petitioner may be permitted to file a fresh representation raising all his grievances before respondent no.5- District Magistrate, Sambhal within a period of two weeks from today.
In case any such representation is filed by the petitioner, the respondent no.5 shall decide the same by reasoned and speaking order within a period of six weeks thereafter after giving opportunity of hearing to all the concerned parties in accordance with law.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 10.8.2022 S.K.
Digitally signed by SWEETY KANOJIA Date: 2022.08.11 12:52:37 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner should be permitted to file a fresh representation regarding the restoration of possession of disputed land.
1 provisions across 1 enactments
Soran
State Of U.P.
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
