Court No. - 34 Case :- WRIT - C No. - 39942 of 2010 Petitioner :- Kishan Chand Respondent :- Raj Kumar And Others Petitioner Counsel :- Rajiv Gupta Respondent Counsel :- C.S.C. Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
By means of the present writ petition, petitioner has prayed for a writ in the
nature of mandamus commanding the respondents and the authorities below
for restraining them from accepting the compromise outside the court, entered
into between the respondent nos. 1 to 3 with respondent no. 4 as further
direction to Up-Ziladhikari, Hapur to decide the restoration application of the
petitioner dated 16.5.2008 pending in Case NO. 3 of 2002.
Learned counsel for the petitioner states that the application under Section
33/39 of the Land Revenue Act is pending before the Sub Divisional
Magistrate. Apprehension of the petitioner is that Sub Divisional Magistrate
may decide the case on the basis of compromise between the parties which
may affect the right of the parties.
Since the petitioner has knowledge of the case it is always open for the
petitioner to move an application/objection in the case relating to the
compromise deterimental to the interest of the petitioner and if such objection
is filed Sub Divisional Magistate shall take cognizance and decide the case
after considering the objection of the petitioner.
With aforesaid observation, the writ petition is finally disposed of.
Order Date :- 14.7.2010
RKS/