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2016 DIGILAW 104 (UTT)

Neeraj Kumar v. Tehsildar, Kashipur

2016-03-03

U.C.DHYANI

body2016
JUDGMENT : U.C. Dhyani, J. 1. By means of present writ petition, the petitioner seeks following reliefs, among others:- (i) Issue an order or direction to set aside the order dated 02.02.2016 (contained in Annexure-4) passed by Tehsildar, Kashipur, in mutation case no. 30 / 7080 year 2014-15, Komal Kumar and another vs. Neeraj Kumar. (ii) Issue an order or direction to the court of Tehsildar, Kashipur / respondent no. 1 to provide proper opportunity of hearing to the petitioner in mutation case no. 30 / 7080 year 2014-15, Komal Kumar and another vs. Neeraj Kumar, as per law. 2. Vakalatnama filed by Mr. Sudhir Kumar, Advocate, on behalf of respondent no. 2 today in the Court is taken on record. 3. Respondent nos. 2 and 3 filed a mutation case before Tehsildar, Kashipur under Section 34 of the U.P. Land Revenue Act, 1901. The petitioner was an objector in said mutation proceedings. On 02.02.2016, when the revenue suit was called out, the petitioner did not turn up before the Tehsildar, therefore, objections filed by him were dismissed in default. The petitioner moved an application for restoration of the objections on the same day. Order was passed on 05.02.2016 on said application and later on the case was adjourned to 15.02.2016, in the meanwhile, the petitioner filed present writ petition. 4. After hearing learned counsel for the parties and having gone through the documents brought on record, it will be appropriate that this Court itself should decide as to whether the objections of the petitioner should be restored or not, instead of deferring the matter unnecessarily. 5. The law requires that everybody should be given opportunity to press his objections and, therefore, the application for restoration of objections is allowed on payment of Rs. 1,000/- as costs. If the cost is paid by the petitioner to respondent nos. 2 and 3, within a week from today, the Tehsildar, Kashipur shall restore the objections of the petitioner on the mutation proceedings. 6. Writ petition thus stands disposed of by directing that an effort shall be made by the Tehsildar, Kashipur to decide the mutation proceedings pending before him as expeditiously as possible, in accordance with law. 7. Let copy of this order be supplied to learned counsel for the parties today itself on payment of usual charges. Stay application no. 967 of 2016 also stands disposed of.