Court No. - 21 Case :- WRIT - C No. - 908 of 2010 Petitioner :- Bhaiya Lal Shukla Respondent :- State Of U.P. & Others Petitioner Counsel :- D.K. Mishra Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble V.K. Shukla,J.
In the present case, proceeding under Section 122-B of U.P.Z.A. & L.R. Act
had been initiated by the Assistant Collector, District Kaushambi. In the said
proceeding, order was passed on 15.11.2009 for recovery of amount of Rs.
65,000/- as arrears of land revenue and for eviction. Aggrieved against the
same, petitioner has preferred revision before the Collector, District
Kaushambhi under Section 122-B (4-A) of U.P.Z.A. and L.R. Act. Petitioner
submits that said revision has been entertained and during pendency of
aforementioned revision, recovery has been sought to be made. In the present
case this much is admitted position that pursuant to order under Section 122-
B of U.P.Z.A. & L.R. Act recovery has been sought to be initiated. This is
also accepted position that against the order passed, petitioner has preferred
revision on 30.12.2009 alongwith stay application.
Petitioner submits that till date District Magistrate, Kaushambi has neither
rejected nor allowed the the stay application. It has not been stated by the
petitioner that as to what point of time said application has been pressed by
him and order orders have not been passed.
Consequently, in the fact of the present case, without interfering with the
matter, as stay application has already been moved before the District
Magistrate,Kaushambi, as is reflected from Annexure-2 to the writ petiton, is
directed to consider the stay application moved on behalf of the petitoner in
accordance with law, preferably within period of two weeks from the date of
production of certified copy of this order. Whatever decision is taken, same be
communicated to the petitioner.
With these observation writ petition is dismissed.
Order Date :- 11.1.2010
T.S.