Court No. - 21
Case :- WRIT - C No. - 2481 of 2019 Petitioner :- Chandra Bhushan Pandey Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Jai Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner has preferred this writ petition amongst other for the following relief:
"B. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to decide the application dated 08.01.2019 moved by the petitioner which is pending undecided till today."
The grievance of the petitioner is that he has moved an application dated 17.1.2013 before the Chairman, Nagar Panchayat, Phoolpur, District Azamgarh seeking his permission to repair his house. It is stated that house of the petitioner is very old and is in dilapidated condition. On his application some comments were invited from the concerned official. It is further stated that on 24.12.2018 the Sub-Divisional Magistrate, Phoolpur, Azamgarh – the second respondent asked a report from the Lekhpal to conduct an enquiry with regard to house of the petitioner.
It is averred in the writ petition that pursuant to the order of the second respondent an enquiry was conducted by the Revenue Inspector and a report in favour of the petitioner has been made for grant of permission to repair the house but the second respondent has ignored the said report and did not grant requisite permission. It is stated that a large number of family members of the petitioner are residing in the dilapidated house and due to inaction on the part of the second respondent they are made to suffer without any justifiable reason.
Having perused the material on record we find that the grievance of the petitioner be considered by the second respondent in accordance with law expeditiously after furnishing opportunity of hearing to the petitioner. The petitioner is permitted to make a fresh representation along with a certified copy of this order to the second respondent within two weeks. In the event any such representation is made the second respondent shall pass the order as directed above.
The writ petition stands disposed of. No order as to costs.
Order Date :- 28.1.2019 Digamber