Court No. - 33
Case :- WRIT - C No. - 19726 of 2019 Petitioner :- Kamla Nagar Residential Welfare Society And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gautam Baghel,Ambuj Mishra Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for petitioners, learned Standing Counsel for respondent Nos. 1 to 4 and Ms. Kritika holding brief of Mr. Manoj Kumar Mishra, learned counsel for respondent No.5.
The case of the petitioners is that the petitioner is a welfare society whose members had been utilizing a public street since last several decades but now a proposal has been set up to discontinue the public street and include its area to build a Trauma Center of the Government Medical College, Agra. It is the case of the petitioners that such a public street cannot be converted for any other use and, in that regard, they had already made representation to the authority concerned.
On 03.06.2019, we had required learned counsel for the petitioners to file supplementary affidavit to bring on record some documents to show that the disputed road had been recognized/notified as public street by the Municipal Authorities.
Pursuant to our order dated 03.06.2019, supplementary affidavit has been filed today.
In paragraph 4 of the supplementary affidavit, it has been stated that Nagar Palika had floated a tender notice in the year 2013 calling for tenders for construction of drainage/interlocking work in respect of the street concerned, which clearly demonstrates that the Nagar Palika had been recognizing the street as public street.
Be that as it may, looking to the nature of grievance raised, we deem it appropriate to dispose of this petition by giving liberty to the petitioners to represent their cause before the District Collector/District Magistrate, Etah (fourth respondent). If any such representation is filed along with necessary documents, the District Magistrate, Etah shall call for reports from the Nagar Palika Parishad, Etah as well as Government Medical College, Agra and, thereafter, shall take appropriate reasoned decision thereon, in accordance with law, preferably within next six weeks, after hearing the affected parties.
Order Date :- 6.6.2019 Shubhankar