MEWA RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed raising a grievance that a proceeding has been initiated by the Gaon Sabha against the petitioner without issuance of any notice or affording a proper opportunity. Even the record relating to allotment of Patta in favour of the petitioner has not been summoned or produced before the competent authority and the Sub Divisional Magistrate concerned is proceeding with the matter against the petitioner. An application to that effect was filed though the said application was transfer application. In such a situation the court below has passed an order that the parties will appear on 30.11.2007. The petitioner aggrieved by the aforesaid order filed an appeal. The appeal too has been dismissed on the ground that as the matter is pending before the competent court to be decided on merit on the basis of consideration of relevant records, therefore, there is no occasion to interfere. THIS order has been passed on 26.11.2008. The petitioner aggrieved by the aforesaid order has filed the present writ petition. In my opinion the petitioner should have file a proper application before the Sub Divisional Magistrate concerned i.e. respondent no. 5 to this effect that the papers relating to allotment of Patta as well as the other relevant documents should be summoned for the purpose of proper adjudication of the rights of the parties though the court has passed an order on 7.11.2007 that the parties will appear on 30.11.2007. Admittedly the proceeding is still pending. In such a situation, I am of opinion that respondent no. 5 be directed to decide the right of the petitioner in the said proceeding initiated by the Gaon Sabha after due consideration of the relevant record and pass a reasoned order after affording full opportunity to the petitioner if possible within a period of six months from the date of production of a certified copy of this order before him. The writ petition is disposed of accordingly. No order is passed as to costs.