Court No. - 46
Case :- WRIT - C No. - 4190 of 2019 Petitioner :- Gulab Yadav Respondent :- Sub Divisional Magistrate Counsel for Petitioner :- Vikas Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner has come up in the writ petition with the following prayer:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to shift the drain at proper place under Revenue Code Procedure which was dragged on 22.07.2018 on the application of Uma Shankar son of late Sant Ram and others, resident of Harijan Basti, Village Chilla, Police Station Lalapur, District Allahabad on the bhoomidhari plot no.1138 area 0.4560 by Revenue Authorities in presence of heavy force."
This Court sought instructions from the respondents on 22.05.2019. The order of this Court dated 22.05.2019 reads as under:-
"Sri Rajesh Kumar, learned Standing Counsel, on the instructions, submits that some time may be granted to find the drainage may pass.
On his request, case is adjourned today.
Put up on 29.05.2019 in the additional cause list to enable the learned Standing Counsel to seek instructions as regards the period during which the temporary drainage passing through the land of the petitioner shall be removed and the drainage on the alternative land shall be constructed."
Today Sri Siddharth Singh, learned Additional Chief Standing Counsel has filed an affidavit of Sandeep Kumar Verma, SDM, Bara, District Allahabad, same is taken on record. In paragraph 3 of the affidavit, an undertaking has been given that alternative drainage shall be constructed and completed within three months from the date of order passed by this Court. Paragraph 3 is extracted herein-below:-
"3. That the deponent is ensuring this Hon'ble Court that the alternative drainage as mentioned in the affidavit of compliance will be constructed and completed within three months from the date of the order passed by this Court."
Thus, the writ petition is disposed off in the light of assertions made in paragraph 3 of the affidavit of Sandeep Kumar Verma, SDM, Bara, District Allahabad.
Order Date :- 30.5.2019 S.Sharma