- (1.) HEARD Sri Rajeev Sharma, learned counsel for petitioner and learned Standing Counsel on behalf of respondents no. 1 to 6 as also Sri D.D.Chauhan on behalf of respondent no. 7 Gaon Sabha. Since all the respondents are represented, this writ petition is being decided finally today itself. This writ petition has been filed for the following relief: "A. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3/District Magistrate, District Aligarh to decide the latest application/representation of the petitioner within stipulated time, may be fixed by this Hon'ble Court and till decision of representations and may direct the respondent No. 3/District Magistrate, District Aligarh not to interfere in peaceful possession of the petitioner in plot Nos. 231, 239 and 235 (area 3.38 acres) situated at village Chherat Sudiyal, Pargana Morthal Tehsil Kol, District Aligarh, And/or to pass such and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in the circumstances of the case in the interest of justice to protect the petitioner from the collusion and arbitrariness of respondents."
(2.) THE representation, which petitioner seeks to be decided has been filed as Annexure 11 to the writ petition and has been addressed to the Senior Superintendent of Police Aligarh and Thanadhyaksh, Thana Janwa, District Aligarh, wherein the petitioner has made a prayer that in compliance of judgement dated 24.05.2011 of the Board of Revenue, the applicant who is a bhumidhar, may not be harassed by the police of P.S. Janwa, District Aligarh. A perusal of the order dated 24.05.2011 passed by the Board of Revenue in Revision No. 13/2010-11 (Prem Shankar Sharma vs. State of U.P.) connected along with Revision No. 15/2010-11 (Shishupal Singh vs. State of U.P.), indicates that the earlier order dated 03.12.2010 passed by the Assistant Collector, Ist Class, Kol, District Aligarh has been set aside on a recall application and the matter has been remanded back to the Trial Court for giving opportunity to the parties to lead evidence and hearing and to decide the matter on merits.
(3.) A perusal of the order dated 03.12.2010 passed by the Assistant Collector, Ist Class, Kol, District Aligarh indicates that there was an exparte decree obtained by the petitioner on 30.11.1996 in proceedings under Section 229- B of the U.P.Z.A. & L.R.Act (for short 'the Act') and an application was made by the State on 15.02.2007 for recall of the exparte order, which application was allowed and the exparte order dated 30.11.1996 was recalled by the Assistant Collector, Ist Class, vide his order dated 09.03.2007. By the said order dated 03.12.2010, the restoration application dated 24.04.2009 to recall the order dated 09.03.2007 whereby an earlier restoration application had been allowed, has been rejected on the ground of it being barred by time and also being without any merit.;