Court No. - 4
Case :- WRIT - C No. - 7083 of 2018 Petitioner :- Amrita Devi And 18 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Pandey Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
The petitioners, who are 18 in number have filed this writ petition with prayer to issue a writ order, or direction in the nature of certiorari quashing the notice dated 22.1.2018 issued by respondent no. 3 directing them to remove encroachment made by them at Chhitupur Tikari, I.T.I. road as the land encroached by them was required for the purpose of road widening.
It is contended by the learned counsel for the petitioners that in the garb of the impugned notice the respondents are trying to forcibly dispossess the petitioners from the land which forms part of their Bhumidhari although the same has not been acquired.
Learned Standing counsel states that for redressal of his grievance, petitioners have already approached the District Magistrate by filing a representation before him on 5.2.2018 copy whereof has been annexed as Annexure-4 to the writ petition and without waiting for disposal of his representation, they have filed the present writ petition. Further argument made by learned counsel for the petitioners raise disputed issues of fact and intricate the question of title which require evidence and cannot be decided by this Court in writ proceedings.
Having heard the learned counsel for the parties present and perused the averments made in the writ petition, without expressing any opinion on the merits of the case, we dispose of the writ petition with direction to the respondent no. 2 District Magistrate to consider and decide the representation filed by the petitioner before him on 5.2.2018 (Annexure-4) by a speaking and reasoned order within a period of three weeks from the date of production of certified copy of this order before him.
Order Date :- 27.2.2018 Manoj