Allahabad High Court - Saleem Ullah Khan Vs State Of U.P. Thru Secy. And Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 29 

Case :- WRIT - C No. - 28482 of 2012 

Petitioner :- Saleem Ullah Khan 
Respondent :- State Of U.P. Thru Secy. And Others 
Petitioner Counsel :- Ravi Shanker Tiwari 
Respondent Counsel :- C.S.C.,R.D. Mishra 

Hon'ble Vineet Saran,J. 
Hon'ble Virendra Vikram Singh,J. 

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents no. 1 to 3 and Sri R.D. Mishra for the respondent no. 4 and have perused the record. In view of the nature of the order, which is being passed, this writ petition is disposed of without issuing notice to the private respondents. 

The grievance of the petitioner is that the land which is registered as a pond has been allotted to the respondent no. 5 and 6, which is against the directions of the Apex Court passed in Civil Appeal No. 1132 of 2011 (Jagpal Singh and others vs. State of Punjab and others) and in the case of Hinch Lal Tiwari vs. Kamala Devi and others, AIR 2001 SC 3215. With regard to such grievances, the petitioner has already approached the respondent authorities but no orders have yet been passed. 

Learned Standing Counsel states that the grievance of the petitioner can be looked into by the respondent no. 3-Sub Divisional Magistrate, Tehsil Sadar, District Shahjanhapur. 

Considering the facts and circumstances of this case, we dispose of this petition with the direction that with regard to his grievances made in this petition, the petitioner may file an application before the respondent no. 3 under the provisions of the U.P. Z.A.& L.R. Act. If such application is filed by the petitioner within two weeks from today along with certified copy of this order, the respondent no. 3 shall pass appropriate orders, in accordance with law after giving opportunity of hearing to the petitioner as well as respondents no. 5 and 6 and other concerned parties, if there be any. The decision may be taken by the respondent no. 3 preferably within three months from the date of filing of such application by the petitioner. 

With the aforesaid observations/directions, this writ petition is disposed of. No order as to costs. 
Order Date :- 1.6.2012 

aBhiShek 
(Virendra Vikram Singh, J.) (Vineet Saran, J.) 

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