Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2116 of 2019 Petitioner :- Arun Kumar Pandey Respondent :- State Of U.P. And 55 Others Counsel for Petitioner :- Lok Nath Shukla Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel who has accepted notice on behalf of respondent nos. 1 to 5 and Sri Ram Babu Yadav, learned counsel for the Gaon Sabha.
Petitioner has filed this Public Interest Litigation Petition ( P. I. L.) petition with the following prayer:
(1) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to add the name of respondent no. 7 to 56 in the voter list of village-Banjari, post-Gopiganj, Tehsil-Aurai, district-Bhadohi;
(2) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the application / representation dated 20.9.2019 submitted by the petitioner before the respondent no. 3 in accordance with the provisions of law within the time stipulated by this Hon'ble Court in the interest of justice, during the pendency of the present public interest petition before this Hon'ble Court;
(3) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case;
(4) Award cost of the petition in favour of the petitioner."
Having perused the averments made in the writ petition and the documents appended thereto it transpires that for the redressal of grievance raised by the petitioner in this writ petition, the petitioner has got an alternative remedy of approaching the District Magistrate. The record further shows that for ventilating his grievances the petitioner has already filed a representation before the respondent no. 3 on 20.9.2019, which it appears, has not been decided till date.
Without expressing any opinion on the merits of the case, we dispose of this writ petition with the direction to the respondent no. 3 to decide the representation filed by the petitioner before him on 20.9.2019, copy whereof has been annexed as Annexure 5 to the writ petition, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, after affording opportunity of hearing to the respondent nos. 6 to 56.
Order Date :- 27.11.2019 HR