Court No. - 4
Case :- WRIT - C No. - 10948 of 2018 Petitioner :- Dharam Singh Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Jagdish Prasad Tripathi,Urmila Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner and learned Standing counsel for the State.
The present writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of mandamus directing respondent no.3 to protect the life of the petitioner and his family and also protect the disputed property from respondent nos. 4 and 5 and to decide representation of the petitioner dated 28.02.2018 to this writ petition.
It appears from the perusal of the averments made in the petition that the dispute involved in this writ petition is essentially a private dispute between the petitioner and respondent nos. 4 and 5 in respect of some immovable property which according to the petitioner is subject matter of civil and revenue suits in which interim order has been passed by the Civil and Revenue Court in his favour.
The grievance of the petitioner appears that despite the interim order passed in his favour, respondent nos. 4 and 5 are interfering in his possession over the disputed land and hence a direction be given to respondent no.3 to look into the matter.
Learned Standing counsel has invited our attention to Annexure 8 of the writ petition and submitted that for redressal of his grievance, the petitioner has already filed a representation on 28.02.2018 before respondent no.3 which has not been decided till date.
Having heard learned counsel for the parties, without expressing any opinion on the merits of the case, we dispose of the writ petition with direction to respondent no.3 to decide the representation of the petitioner pending before him dated 28.02.2018 by a speaking and reasoned order after affording opportunity of hearing to respondent nos. 4 and 5 within a period of four weeks from the date a certified copy of this order is produced before him.
Order Date :- 30.3.2018/Madhurima