Court No. - 46
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1653 of 2021 Petitioner :- Ajay Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hari Narayan Singh Counsel for Respondent :- C.S.C.,Sanjay Kumar Mishra
Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1, 2 and 3; Sri Sankay Kumar Singh for respondent no.4; and perused the record.
The grievance of the petitioner is that the fifth respondent has raised un-authorized constructions and has encroached plot no.1186 area 0.1090 hectare at village Jungle Tulsiram, Pargana Haveli, Tehsil Sadar, district Gorakhpur, which is recorded as Naveen Parti and now falls within the jurisdiction of Nagar Nigam, Gorakhpur.
The prayer in this petition is to command the concerned respondents to ensure that illegal encroachment is removed. The alternative prayer is that the respondents 2 to 4 be directed to decide the representation of the petitioner made in that regard.
Considering the nature of the prayer made, we deem it appropriate to dispose off this petition by requiring the second respondent (District Magistrate, Gorakhpur) to consider the grievance of the petitioner by calling for the records and, after giving opportunity of hearing to the fifth respondent, decide the representation of the petitioner, preferably, within a period of six weeks from the date a representation is submitted by the petitioner in respect of his complaint, as noticed above, along with a copy of this order.
With the aforesaid direction, the petition stands disposed off.
Order Date :- 24.12.2021. Rks.