Hon'ble Manish Mathur,J.
Notice on behalf of opposite parties no.1 to 4 has been accepted by learned Chief Standing Counsel, whereas Mr. Pankaj Gupta, Advocate has accepted notice on behalf of opposite party no.5.
Heard learned counsel for the parties and perused the records.
The instant writ petition has been filed seeking following prayers:
"i. Issuing a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to remove the illegal Kharanja road over Gata no 905 area 0.4690 hectare situated at Village-Bhopat pur Belva Pargana-Nanpara, Tehsil Nanpara District-Bahraich and further direct the opposite parties to take legal action against the opposite party no.5/Village pradhan.
ii. Issuing a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to pay the adequate compensation with interest in respect of the provision of Right to Fair Compensation & Transparency in Land Acquisition/Rehabilitation & Resettlement Act to the Petitioner in respect of Gata no.905 area 0.4690 hectare situated at Village-Bhopat pur Belva Pargana-Nanpara, Tehsil Nanpara District-Bahraich.
iii. Any other order or direction which this Hon'ble Court may deem fit just and proper under the circumstances of the case in favour of the petitioner.
iv. Allow this writ petition with costs."
Learned counsel for the petitioner submits that without the consent of the petitioner the Pradhan of Village Bhopat Pur Belwa, Pargana and Tehsil Nanpara, District Bahraich got a kharanja road constructed over the bhumidhari land of the petitioner at Gata No905 area 0.4690 hectare situated at Village Bhopat Pur Belwa, Pargana and Tehsil Nanpara, District Bahraich. The petitioner has made a complaint to the concerning authorities including opposite party no.3/Sub Divisional Magistrate, Nanpara, Bahraich, however no action has been taken.
Be that as it may, we are of the considered view that the grievance of the petitioner can very well be considered by the concerning competent authority, may be, opposite party no.3/Sub Divisional Magistrate, Nanpara, Bahraich.
The writ petition as such is disposed of with the observation that the representation of the petitioner dated 26.12.2020, copy of which is annexed as Annexure-5 to the writ petition shall be considered and decided in accordance with law by opposite party no.3/Sub Divisional Magistrate, Nanpara, Bahraich expeditiously, say, within a period of three months from the date certified copy of this order along with copy of representation are placed before him.
Order Date :- 4.2.2021 Ram.