Padam Ravinder Jeet Singh and Others vs Assistant Collector Ist Class/Sub Divisional Magistrate

B.S. Verma, J.—No counter affidavit has been filed by the State, therefore, as per order dated 18.2.2011, Sri Surendra Singh Jangpani, Sub Divisional Magistrate, Kashipur, is present in person before this Court today.

By means of this writ petition, the Petitioners have sought writ in the nature of mandamus directing the Respondent to decide the application dated 6.7.2010 (Annexure-17) of the Petitioners as expeditiously as possible within a stipulated time frame.

According to the Petitioners, this Court, in Writ Petition No. 52 of 2009 (M/S), had directed the Assistant Collector, Ist Class/Up Zila Adhikari, Kashipur, to decide the application of the Respondent Nos. 3 to 6, which was filed on 19.5.2007 in Revenue Case No. 25/72 of 1966-67 after hearing the Petitioners expeditiously as far as possible, preferably within a period of four weeks from the date of production of certified copy of the order. It was also directed to the Assistant Collector concerned that while taking up the matter, he shall also see whether the tenure holder can hold the land more than the ceiling limit as prescribed under the U.P. Imposition of Ceiling on Land Holdings Act 1960. Subsequently thereafter the Respondent No. 2 filed a writ petition bearing WPMS No. 1591 of 2010 for quashing of the order dated 5.8.2010 passed by Sub Divisional Magistrate, Kashipur, by which the Tehsildar, Bazpur was directed to enter the name of Sri Padam Ravindrajeet Singh in the revenue record. This Court finally disposed of that writ petition and directed the Sub Divisional Officer/Assistant Collector Ist to pass fresh orders in the matter after hearing the Petitioners and all other parties including Padam Ravindrajit Singh, without being influenced by the order of this Court. Order dated 5.8.2010 was kept in abeyance by this Court.

I have heard learned Counsel for the parties and perused the record.

This fact is not disputed that the application is pending for disposal. Therefore, without going into the merits of the case, Assistant Collector Ist/Up Zila Adhikari, Kashipur, is directed to decide the application dated 6.7.2010, after hearing the parties, expeditiously, preferably within a period of three months from today, without being influenced by the order of this Court. Opposite party would be at liberty to file objections on their application within 15 days from today, annexing the relevant documents in order to decide the controversy in the matter. Petitioners would also be at liberty to file the orders or other documents passed in their favour.

With the aforesaid direction, the writ petition is disposed of finally.

Certified copy of this order be issued to learned Counsel for parties on payment of usual charges by tomorrow.