PANNA LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Mr. T.P. Gupta, learned Standing counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the Goan Sabha.

(2.) Brief facts of the case are that Village-Faridabad, Pargana-Gadwara, Tehsil-Machhali Sahar, District-Jaunpur came under operation of U.P. Consolidation of Holdings Act, 1953 hereinafter referred to as U.P.C.H Act by way of notification issued in the years 1973 un-der Sec. 4 (2) of U.P.C.H. Act. In the basic year of Consolidation operation Harish Chand and others were recorded over the plot in dispute as mentioned in the instant public interest litigation. Village in question was denotified under Sec. 52 of UP.C.H. Act long back and in C.H. Form 45 Ram Chandra, Gyan Chandra, Girish Chandra were recorded. In the proceeding initiated under Sec. 48 (3) of U.P. C.H. Act which was registered as Case No. 33/35, State v. Ram Chader and others an order dtd. 31/8/2016 was passed by Additional District-Magistrate (F and R) / Deputy Director of Consolidation expunging entry of Plot No. 1127 area 0.405 hectare and 1128 area 0.563 hectare and ordered to record the same in khata of Gaon Sabha as Bhita/Jerab/pond. Respondent No. 7/Bhagwandeen filed a restoration application dtd. 14/11/2018 for recalling the order dtd. 31/8/2016 along with prayer for condonation of delay. Additional District Magistrate (F and R) Jaunpur vide order dtd. 6/9/2022 condoned the delay in filing the restoration application dtd. 14/11/2018 and set aside the order dtd. 31/8/2016 as well as restored the proceeding under Sec. 48 (3) of U.P.C.H. Act on its original number for fresh disposal of the pro-ceeding. Additional District Magistrate (F and R) Jaunpur vide order dtd. 5/12/2022 dismissed the proceeding under Sec. 48 (3) of U.P.C.H. Act as not maintainable. Hence this public interest litigation on behalf of petitioner who is practicing advocate of Civil Court Jaunpur for following relief :

(3.) The Stamp reporter has re-ported latches 704 days (about two years) as there is prayer for quashing the order passed on 6/9/2022 and 5/12/2022.