SIDDHARTHA VARMA - (1.) The petitioner no. 1 is an institution which is running an intermediate college since 1968. It was recognised on 19.09.1970 under the U.P. Intermediate Education Act. It is also getting a grant under the Payment of Salaries Act, 1971. The petitioner upon coming to know about the fact that some portion of his building was constructed over Gaon Sabha land on plot nos. 276 and 277 applied for an exchange with its own land over plot nos. 304 and 309.
(2.) In the meantime, proceedings under Section 67 of the U.P. Revenue Code, 2006 were also initiated for the removal of the petitioner's construction from over plot nos. 276 and 277. The petitioner, therefore, approached this Court that till such time as its exchange application was decided, orders may not be passed under Section 67 of the U.P. Revenue Code, 2006. This court in writ petition no. 17899/2018 passed the following order:- "Heard learned counsel for the petitioners and Shri Rajesh Srivastava, learned Standing Counsel for the State respondents. The petitioners are before this Court with request to issue direction to the second and third respondents to exchange the land of petitioners bearing Arazi no.304, 309 to the land of Gaon Sabha bearing Arazi/Gata no.276, 277 over which the petitioner's institution is standing/running. Further prayer has been made to command the respondents not to take coercive action against the petitioners' institution during the proceeding of exchange. Learned counsel for the petitioners has informed to the Court that for redressal of his grievance petitioners have already moved representation dated 28.12.2017 before the Collector/District Magistrate, Maharajganj and the same is still pending consideration. Learned Standing Counsel and Shri T. M. Khan, Advocate very fairly state that in case the aforesaid case is still pending, the same shall be considered and decided by the Authority concerned expeditiously. In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Collector/District Magistrate, Maharajganj to decide the aforesaid application expeditiously, preferably within a period of three months from the date of production of a certified copy of this order before him except no other impediment is there. It is made clear that till the disposal of the said application no coercive action shall be taken against the petitioners' institution pursuant to proceeding under Section 67 of the U.P. Revenue Code, 2006."
(3.) However, the Collector whom the Court had directed to decide the application under Section 101 of the U.P. Revenue Code, 2006 has refrained from passing any order saying that the application under Section 67 be decided expeditiously on a day to day basis.;