Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 399 of 2019 Petitioner :- Govind Kumar Kushwaha Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The present petition has been filed alleging that Araji No. 1890 in village Koindi Bujurg Tappa Haveli, Pargana Sidhuwa Jobana, Tehsil Tamkuhiraj, District Kushinagar is recorded in the name of mother of the petitioner Smt. Kalawati Devi and Araji No. 1374 in the same village is recorded as a road. The petitioner has alleged that on the Araji, which shows as a road, the respondent nos. 3 and 4 have encroached the same, which has resulted into great hardship to the petitioner. The petitioner states that he had moved an application before the Sub-Divisional Magistrate, Tehsil Tamkuhiraj, District Kushinagar (respondent no. 2) on 31.8.2018, who, in turn, directed the Lekhpal to make spot inspection and submit his report. The petitioner further states that the Executive Engineer, P.W.D., Kushinagar has also issued a letter on 18.9.2018 to the respondent nos. 3 and 4 highlighting that they had illegally occupied the property and were called upon to vacate the unauthorized constructions failing which they would be evicted through police authorities. It is stated that despite the said order the encroachments made by respondent nos. 3 and 4 on the road in question had not been removed as respondent nos. 3 and 4 are powerful persons. In this regard the petitioner has also moved a representation and has thus filed the present petition stating that respondent no. 2 and Executive Engineer, P.W.D. have not taken any steps in furtherance of their notices served to the respondent nos. 3 and 4.
We are not issuing notice to respondent nos. 3 and 4 in view of the fact that we are protecting the interest of the said respondents in the present order.
The petitioner is directed to file a fresh representation bringing on record the relevant facts and documents before the respondent no. 2 as well as Executive Engineer, P.W.D., Kushinagar within a period of three weeks from today alongwith certified copy of this order.
The respondent no. 2 or the Executive Engineer shall take a decision thereupon within a period of two months from the date of production of a certified copy of this order after hearing the petitioner as well as the respondent nos. 3 and 4. The order shall be passed in accordance with law within the time granted independently without being influenced by any observations made in the present order.
The writ petition is accordingly disposed off.
Order Date :- 22.2.2019 Puspendra