Court No. - 5
Case :- WRIT - C No. - 11676 of 2018 Petitioner :- Habib Shah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Krishna Counsel for Respondent :- C.S.C.,Diwakar Singh Hon'ble Pankaj Naqvi,J.
Heard Sri Ram Krishna, learned counsel for the petitioner, Sri Diwakar Singh, the learned counsel for the Gaon Sabha and Sri Abhishek Shukla, the learned standing counsel.
This writ petition is preferred against the orders dated 27.10.2017 and 5.3.2018 ejecting the petitioner under Section 122-B of the U.P. Z.A & L.R Act.
Learned counsel for the petitioner submits that the 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 Gata Nos. 96 (pond), 96 / 0.1780 (pond) and 104 & 105, 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 petitioner, he shall be given an opportunity to prefer objections / evidence, if any.
The orders dated 27.10.2017 and 5.3.2018 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 30.3.2018 Chandra