Court No. - 29
Case :- WRIT - C No. - 41367 of 2019 Petitioner :- Dr. Mritunjay Singh And 2 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Atul Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Petitioners claim that he is the owner in possession of the land Gata No.574, Village-Soraon Khas, Tehsil-Soraon, District- Prayagraj. The petitioners are having a shop over the said plot and the aforesaid shop is not on a drain and has not been constructed by encroaching upon any public land. The respondents, on the basis of the order dated 27th November, 2019, which is in respect of Gata No.856, are alleging that the construction of the petitioners is on the said Gata and such is an encroachment on public drain, which are liable to be removed.
The petitioner has submitted a representation dated 2.12.2019 to the respondent No.4-Sub Division Magistrate, Soraon, Prayagraj, stating therein that his constructions are on a distinct plot of land Gata No.574 and not Gata No.856 and that there is no encroachment upon any drain or public land, therefore, his constructions are not liable to be removed either pursuant to the order dated 27th November, 2019, or 11th July, 2019.
In view of the aforesaid facts and circumstances, the District Administration has to take a decision whether the construction of the petitioners is by way of an encroachment and whether they exist on Gata No.574 or 856.
In view of the above, we dispose of the writ petition with the direction to the respondent No.4-Sub Division Magistrate, Soraon, Prayagraj, to consider and decide the aforesaid representation of the petitioners dated 2.12.2019, filed as Annexure-5 to the writ petition or any other subsequent representation made by the petitioners, in accordance with law, most expeditiously preferably within a period of six weeks from the date of a copy of this order is produced before him.
The writ petition stands disposed of.
Order Date :- 18.12.2019 LN Tripathi