Court No. - 5
Case :- WRIT - C No. - 20523 of 2019 Petitioner :- Smt. Dhanmani Devi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Srivastava Counsel for Respondent :- C.S.C., Rashid Ali Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Rajesh Kumar Srivastava, learned counsel for the petitioners, learned standing counsel for the State-respondents and Dr. S.D. Singh, holding brief of Sri Rashid Ali, learned counsel for the respondent no.4.
This writ petition has been filed praying for the following relief:
(i) Call for records and to issue a writ, order or direction in the nature of certiorari quashing impugned allotment dated 25.2.2019 and impugned notice dated 04.06.2019 issued by respondent no.4.
(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to not to evict the petitioners from their residential house situated over plot No. 220 in village Gathaura - Pargana - Bhueli, Tehsil - Chunar, District - Mirzapur.
The impugned order dated 4.6.2019 has been passed by respondent no.4 directing the petitioners to remove his encroachment over the plot in question in view of the fact that the plot has been allotted to him pursue to the order dated 5.12.2018 in WRIT - C No. - 23951 of 2018 ( Dhanmani Devi and another Vs. State Of U.P. and 5 Others. The operative portion of the order dated 5.12.2018 passed by learned Single Judge in the aforesaid WRIT - C No. - 23951 of 2018 is reproduced below :-
Under such circumstances, the orders dated 29.4.2018 and 24.4.2018 are quashed. The writ petition is allowed. The allotment is of the year 1999. If the petitioners have, for any reason, not been able to build their houses because of the fact that building activity was barred by the U.P. Road Side Land Control Act, then I command that the petitioners should be granted leases of some other housing sites in the alternative within a period of one month from the presentation of a certified copy of this order.
Learned counsel for the respondent no.4 states on instruction that the permission sought by the petitioner for construction over the disputed plot was declined by the District Magistrate/Collector - Mirzapur, by a detail order dated 29.4.2005, passed in case No.82 of 2002 (Malti Devi Vs. Land Management Committee and Pyare Lal and others), under the U.P. Roadside Land Control Rules, 1964.
This order has attained finality. The petitioner has concealed this fact in the present writ petition.
Thus, we find that since the permission over the disputed plot was declined by the District Magistrate/Collector, Mirzapur by order dated 29.04.2005 under the U.P. Roadside Land Control Rules, 1964 and also since new plot has already been allotted to the petitioner, pursuant to the order dated 5.12.2018, passed in WRIT - C No. - 23951 of 2018, therefore, we do not find any good reason to interfere with the impugned notice dated 4.06.019.
Writ petition has no force, therefore, it is dismissed.
Order Date :- 21.6.2019/vkg