Court No. - 42
Case :- WRIT - C No. - 23273 of 2021 Petitioner :- Aashik Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Vivek Kumar Birla,J.
At the very outset, learned counsel for the petitioner submits that he may be permitted to implead concerned Tehsildar as one of the respondent in the present petition.
Prayer aforesaid is allowed. He may do so during the course of the day.
Heard learned counsel for the petitioner and learned Standing Counsel and Sri Sudhir Bharti, learned counsel for the Land Management Committee.
Present petition has been filed for commanding the respondent no. 3 to direct him to restrain the respondent no. 5 and his family members not to raise the illegal construction over the gata no. 801 of the said village or direct him to decide the representation of the petitioner dated 11.6.2021 pending before him expeditiously as soon as possible earlier or within the period fixed by this Hon'ble Court.
Learned Standing Counsel submits that grievance of the petitioner can be suitably redressed under Section 26 of the U.P. Revenue Code, 2006.
In such view of the matter, present petition stands disposed of with liberty to the petitioner to initiate appropriate proceedings under Section 26 of the U.P. Revenue Code, 2006 or any other relevant proceedings in accordance with law before the Tehsildar concerned. In case, any such proceedings are initiated by the petitioner, the same shall be considered and decided by the authority concerned on its own merits strictly in accordance with law, preferably within a period of two months, from the date of production of self- attested copy of this order, which may be verified from the official website of this Court, after putting all the concerned persons to notice.
It is made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observation/ direction, present petition stands disposed of.
Order Date :- 20.9.2021 Aditya