The court disposed of a writ petition seeking an ad-interim stay on demolition and quashing of a demolition order. It directed the Tehsildar to decide the pending recall application on merits within six weeks.
Direction to the Tehsildar to decide the pending recall application expeditiously within six weeks.
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Court No. - 52
Case :- WRIT - C No. - 6174 of 2023
Petitioner :- Brijlal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Munna Tiwari Counsel for Respondent :- C.S.C,Sudhir Bharti
Hon'ble Kshitij Shailendra,J.
Heard Shri Munna Tiwari, learned counsel for the petitioners, learned Standing Counsel representing the State respondents and Shri Sudhir Bharti, learned counsel for the respondentGaon Sabha.
The prayer made in this writ petition is to issue an ad-interim mandamus restraining the respondents from demolition of the house of the petitioners. Further prayer is to quash the demolition order dated 13.08.2021 passed by the Tehsildar, Tehsil-Bhatparrani, District-Deoria.
It is contended that an ex-parte order was passed in the proceedings under Section 67 of the U.P. Revenue Code-2006, against which, the petitioner has moved recall application alongwith stay application which is pending. Learned counsel for the petitioners submits that there is threat of demolition of constructions which are lawful and, therefore, the matter needs urgent attention.
Learned Standing Counsel, on the other hand, submits that recall application of the petitioners shall be decided expeditiously by the court concerned, if such direction is issued by this Court.
In view of the above, considering the facts and circumstances of the case, the present writ petition is disposed of with the direction to the respondent no.3-Tehsildar, Tehsil Bhatparrani, District-Deoria to decide the recall application of the petitioners registered as Case No.1569 of 2017 (Computerized Case No.T217052055051569) (Gaon Sabha v. Hari Nandan) on merits expeditiously, preferably, within a period of six weeks from today, after affording full opportunity of hearing to the parties concerned.
In case, the lawyers do not cooperate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. However, the
authority/court concerned shall take special care of the fact that the property rights of the parties may not be adversely affected only on account of non-cooperation of the lawyers and the aforesaid matter shall be disposed of strictly in accordance with law, taking care of the statutory provisions and after making critical analysis of the material available on record.
Order Date :- 22.3.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether to issue ad-interim mandamus restraining demolition of the petitioners' house.
Whether to quash the demolition order dated 13.08.2021 passed by the Tehsildar.
Whether to direct the competent authority to dispose of the pending recall application expeditiously.
Brijlal And 2 Others
State Of U.P.
Gaon Sabha
Kshitij Shailendra
Jyotsana Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
