Court No. - 42
Case :- WRIT - C No. - 23067 of 2021 Petitioner :- Awadh Narayan Pathak Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashish Kumar Mishra,Sanjay Kumar Dwivedi Counsel for Respondent :- C.S.C.,Pradeep Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Pradeep Singh, learned counsel for the gaon sabha and perused the record.
Present petition has been filed with a prayer to direct the respondent no. 2- District Magistrate, Mirzapur to decide the representation dated 20.8.2021 pending before him within stipulated period. A further prayer is made to direct the respondent authorities to stop the construction of Nala over Arazi No. 260 situated in village Diyawan (Kasiwar) Tehsil Sadar, District Mirzapur.
On 17.9.2021 following order was passed by this Court:
"Grievance of the petitioner is that a Nala was being constructed over the bhumidhari land of the petitioner situate at plot no. 260.
The District Magistrate, Mirzapur to intervene and to see as to why a Nala was being constructed over the private bhumidhari of the petitioner.
Place this petition as fresh on 21.9.2021."
Pursuant to the aforesaid order, learned Standing Counsel has produced a copy of the instructions dated 25.9.2021, which is taken on record. A categorical stand has been taken that no construction of Nala is being underaken on arazi no. 260 and the nala which is being created is on arazi no. 259, 262 and 263-Ga. Apart from khatauni, a spot memo signed by the large numbers of villagers has also been annexed along with the instructions.
In such view of the order, I do not find any good to issue any mandamus as has been prayed from.
Present petition is accordingly disposed of with liberty to the petitioner that in case he has any grievance, he may avail the remedy under the provisions of UP Revenue Code, 2006 or any other remedy as may be available to him in law.
No order as to costs.
Order Date :- 27.9.2021 Abhishek