Court No. - 5
Case :- WRIT - C No. - 10917 of 2018 Petitioner :- Girish Chandra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Tripurari Pal,Aditya Kumar Tiwari Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan Hon'ble Pankaj Naqvi,J.
Sri Tripurari Pal, learned counsel for the petitioner, Sri D.D Chauhan, the learned counsel for the Gaon Sabha and Sri Abhishek Shukla, the learned standing counsel.
This writ petition is preferred against the orders dated 16.1.2017 and 26.7.2017 ejecting the petitioner under Section 122-B of the U.P. Z.A & L.R Act.
Learned counsel for the petitioner submits that ends of justice would be met if a fresh direction is issued to the authority concerned to carry out fresh spot inspection and demarcation in respect of plot nos. 17 & 18, village Sakin- Defra, Tappa-Tatyapar, Mahuli Poorab, Dhanghata and plot no. 336 of Village Chhitauni, subject to objections, if any, by the petitioner.
Learned Standing Counsel and learned counsel for respondent no.4 have no objection.
This writ petition is disposed of with the direction to the competent authority concern to carry out fresh spot inspection and demarcation of the plot in question, in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioners, they shall be given an opportunity to prefer objections/evidence, if any.
The orders dated 16.1.2017 and 26.7.2017 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 27.3.2018 Chandra