LAWS(ALL)-2014-2-118

SATYA PRABHA Vs. STATE OF U P

Decided On February 03, 2014
Satya Prabha Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD Sri Apura Hajela, for the petitioner and Sri Vishal Khandelwal and Standing Counsel, for the respondents.

(2.) WRIT ­ C No. - 21331 of 2013 has been filed, against the order of Additional Collector, Kasganj, dated 27.02.2013, canceling the patta dated 05.06.2009, granted to the petitioner, of plot 1978 (area 0.03 acre) of village Patiyali Dehat, pargana Patiyali, district Kasganj.

(3.) IN both writ petitions, subject matter of dispute is common between the same parties as such both writ petitions are heard together and are being decided by a common judgment. Writ -C No. - 21331 of 2013 has been filed, for setting aside the order of Additional Collector, Kasganj, dated 27.02.2013, which has now been recalled by Additional Collector, Kasganj, by order dated 24.07.2013 as such this writ petition has become infructuous. Order of Additional Collector, Kasganj, dated 24.07.2013, recalling the order dated 27.02.2013 and referring the record of Case No. 10/15/12 to the Collector, for decision from his own level, in compliance of the order of this Court, does not cause any prejudice to the petitioner and in fact this was grievances of the petitioner in Writ -C No. 21331 of 2013. Thus there is no need to set aside the order dated 24.07.2013. The petitioner alleged that this was a malafide act of Additional Collector, Kasganj. For that purpose, it will be referred and considered.