Court No. - 21
Case :- WRIT - C No. - 2108 of 2019 Petitioner :- Arshe Alam Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Hari Prakash Mishra,Dharmendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The present writ petition has been filed making averments that the land owned by the petitioner is situated at Gata No. 68, area 6.3010, Mauja Esmailpur, Pargana Azam Nagar, Tehsil Patiyali, District Kasganj and his name is duly recorded in the Khatauni, which has been filed as Annexure-2 to the writ petition.
It is alleged in the writ petition that the respondent no. 4, who is the instrumentality of State, is illegally trying to grab the land of the petitioner within intent to raise construction of shops for which a complaint has also been made. It has been stated that the respondent no. 4 has no right over the land belonging to the petitioner and the actions by the respondent no. 4 in trying to grab the land, are wholly illegal and, in this regard, the petitioner has also made a representation to the respondent nos. 3 and 4 requesting that no illegal action be carried out on the property owned by the petitioner, however, the same has not been decided till date.
In view the submissions made in the writ petition, we direct the respondent no. 3 to pass a reasoned order on the application filed by the petitioner on 8.1.2019 (Annexure-5 to the writ petition).
The petitioner is also permitted to file a fresh representation before the respondent no. 3, who will consider and dispose off the same, by a reasoned order, within a period of two months, from the date of production of a certified copy of this order, in accordance with law.
It is clarified that this Court has not gone into the merits of the allegations and respondent no. 3 is expected to take a decision independently but in accordance with law.
The writ petition is disposed off.
Order Date :- 22.1.2019 Puspendra