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Allahabad High Court stays notice issued by Karvi Tehsildar in land case, seeks reply by respondents in 6 weeks

The Allahabad High Court has stayed notice issued by Tehsildar-Karvi District- Chitrakoot and directed the respondents to file a reply within six weeks.

A Single Bench of Justice Kshitij Shailendra passed this order while hearing a petition filed by Munna.

The prayer in the petition is to quash the notice/communication dated 11.01.2023 issued by the respondent no 3-Tehsildar, Tehsil-Karvi, District-Chitrakoot.

Further prayer is to direct the respondents not to dispossess the petitioner from Plot, area 20 x 50 sq ft situated at Village-Ranipur Bhatt, Tehsil-Karvi, District-Chitrakoot.

Vide order dated 11.06.2001, the petitioner was directed to be dispossessed from 20 x 50 Sq ft area in the proceedings under Section 122-B of the UP Zamindari Abolition & Land Reforms Act-1950 and the damages to the tune of Rs10,000/- were also imposed.

The aforesaid order dated 11.06.2001 was set aside by the revisional court order dated 24.08.2002 and the matter was remanded to the Sub Divisional Officer.

The Sub Divisional Officer, after remand, decided the proceedings in favour of the petitioner vide order dated 24.07.2003 stating that, on earlier occasion also, the proceedings under Section 122-B of the UP Zamindari Abolition & Land Reforms Act-1950 were instituted, which were dropped and in the facts of the case, the same are again required to be dropped. Accordingly, the notice 49-Ka was withdrawn and the file was consigned to record.

Counsel for the petitioner submitted that after a period of more than 20 years, a recall application has been filed on behalf of Gaon Sabha on 10.01.2023 stating that the order dated 24.07.2003 was an ex-parte order and, therefore, the same may be recalled and the matter be heard and decided on merits.

Counsel for the petitioner submitted that the recall application speaks of the same area of the same gata, regarding which, the proceedings were finalized and there being no application seeking condonation of delay, the recall application is not maintainable.

He further submitted that even order dated 24.07.2003 was not an ex-parte order and every one was heard in support of their respective objections/reports and, therefore, the impugned notice dated 11.01.2023, by which, the petitioner has been informed about moving of the recall application with a threat that, in case, he does not appear in the proceedings, the case shall be decided ex-parte, is an abuse of process of law for all the aforesaid reasons.

The Court observed that the matter requires consideration.

The Court granted six weeks’ time for filing counter affidavits for the respondents.

“Till the next date of listing, further proceedings pursuant to the notice/communication dated 11.01.2023 issued by the respondent no 3-Tehsildar, Tehsil-Karvi, District-Chitrakoot shall remain stayed”, the Court ordered.

The Court has fixed the next hearing of the petition on May 31, 2023.

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