Court No. - 29
Case :- WRIT - C No. - 28441 of 2018 Petitioner :- Jadawati Devi And Another Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Sushil Kumar Rao,Sr. Advocate O.P. Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Devendra Kumar
Hon'ble Pankaj Mithal,J. Hon'ble Neeraj Tiwari,J.
Heard Sri O.P. Singh, learned Senior Counsel for the petitioners. Sri Devendra Kumar has appeared for respondent No.2. Sri Vinay Kumar Pandey has appeared for Union of India, respondent No.1 and learned Standing Counsel for the other respondents.
The grievance of the petitioners in this petition is that the respondents have raised unauthorised constructions over their private land Araji No. 46-M situate in village Jogapur, Pargana Kewai, Tehsil Handia, District Allahabad.
The document annexed with the petition reveals that on the representations of the petitioners for the removal of such unauthorised constructions, the competent authority had passed an order directing for the on-spot inspection and to remove the encroachments, if any. The Deputy Collector, Handia, Allahabad has also written a letter dated 19.05.2018 to the Project Director, Allahabad National Highway Authority (respondent No.2) for taking appropriate steps in this regard.
The Government Order dated 16.09.2015 provides for the resolution of such land disputes where the complaint is about illegal encroachments or unauthorised grabbing of land. The said disputes are to be resolved by the District Magistrate.
In view of the above, we dispose of the writ petition with liberty to the petitioners to approach the District Magistrate in accordance with the Government Order dated 16.09.2015 and in case any representation is made by the petitioners within two weeks from today, the District Magistrate will hold an enquiry and on verification of necessary facts and hearing the parties concerned would take appropriate action so that the encroachments, if any, on the private land of the petitioners are removed.
With the aforesaid observations, the writ petition is disposed of. Order Date :- 24.8.2018 Nirmal Sinha