Court No. - 4
Case :- WRIT - C No. - 10997 of 2018 Petitioner :- Angrez Singh And 2 Others Respondent :- Union Of India And Another Counsel for Petitioner :- Bashir Ahmad Khan Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard learned counsel for the parties.
This writ petition has been filed by the petitioners for the following reliefs :
(i) issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners from the house and plot in question situated at village Natthapur, Tehsil Powyan, District Shahjahanpur.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the representation dated 12.2.2018 made by the petitioners.
(iii) Issue any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iv) Award the cost of the petition to these petitioners.
It has been contended by learned counsel for the petitioners that although the petitioners are recorded bhumidhars of Gata No. 83/0.4900 hectare and Gate No. 108/0.7730 hectare situated at village Natthapur, Tehsil Powayan, District Shahjahanpur and cultivating the same for long and they are also in possession thereof, the respondents without any authority of law are threatening to dispossess the petitioners from the disputed plot.
After going through the averments made in the writ petition, we find that the petitioners for the redressal of their grievance have already filed a representation before the respondent no. 2, copy whereof has been annexed as annexure-2 to the writ petition but the same has not been decided till date.
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 this writ petition with liberty to the petitioner to file a fresh representation raising all the grounds which have been taken by him in this writ petition before the respondent no. 2 within a period of three weeks from today along with a certified copy of this order and in case any such representation is filed by the petitioners before the respondent no. 2 within the period stipulated hereinabove, he shall consider and decide the same strictly in accordance with law by a reasoned and speaking order within a period of four weeks.
Order Date :- 30.3.2018/Manoj