Court No. - 3 Case :- MISC. SINGLE No. - 288 of 2010 Petitioner :- Bishram S/O Jangali Respondent :- Additional Commissioner (Administration) Faizabad Mandal Petitioner Counsel :- R.R.Upadhyaya Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel.
The petitioner is aggrieved with the order dated 4th of December, 2009,
passed by the Additional Commissioner (Administration), Faizabad Division,
Faizabad in revision No.912(2006-07).
The learned counsel for the petitioner submits that the Sub Divisional Officer,
Ambedkar Nagar by means of order dated 19th of March, 2003 in exercise of
powers provided under Section 122-B (4-F) has recorded the Gata No.173,
measuring area 0.218 hectare, which is recorded in revenue record as ‘Banjar’,
in the name of opposite party No.2, whereas earlier the same land was
recorded as pond and still that is in the shape of pond. He further submits that
since the land is of a public utility land, the petitioner moved an application
for recall of the said order before the Sub Divisional Officer, which is pending
consideration. In the meantime the Circle Lekhpal also submitted a report
before the Sub Divisional Officer reporting therein that the land is still
recorded as Talab. The Sub Divisional Officer cancelled the entry of opposite
party No.2 from the revenue record on administrative side. Being aggrieved
with which, the opposite party No.2 filed a revision, in which the order
impugned has been passed.
Upon perusal of order impugned dated 4th of December, 2009, I find that the
revisional court has set aside the order passed by the Sub Divisional Officer
on 14th of August, 2006 and has maintained the order passed by the said
authority earlier on 19th of March, 2003, for recall of which the petitioner’s
application is already pending, therefore, without entering into the merit of the
case, I hereby dispose of the writ petition finally with the direction to the Sub
Divisional Officer concerned to proceed with the application for recall of the
order dated 19th of March, 2003 and dispose of the same expeditiously, say
within six months from the date of production of a certified copy of this order,
after providing opportunity of hearing to the parties concerned.
In the light of the aforesaid order I hereby provide that the order dated 26th of
December, 2005, passed by the Additional Commissioner (Administration),
whereby the further proceeding of the case has been stayed on the application
for transfer of the case, shall not come in the way of proceeding and the Sub
Divisional Officer shall proceed with the case and decide the same as has
been observed here-in-above.
With the aforesaid observations and directions the writ petition is disposed of
finally.
Order Date :- 29.1.2010
Banswar
