Court No. - 7
Case :- WRIT - C No. - 33825 of 2021 Petitioner :- Kamlesh Kumar Respondent :- State Of U P And 10 Others Counsel for Petitioner :- Jagat Pal Singh Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
This writ petition has been filed for the following reliefs:-
“i) To issue, a writ, order or direction in the nature of mandamus commanding the Respondent no. 2 and 3 to removal the illegal encroachment/construction of Chakroad made by the Private Respondents No. 5 to 11 forcibly upon the recorded land of the petitioner in being Araji No. 429 area 0.3220 hectare situated at Village Barendra Tehsil Handia, Police Station Sarain Mamrej, District Prayagraj, so that Justice may be done with the petitioner.
ii) To issue a Writ, order or direction in the nature of Mandamus Commanding the Respondent no. 2 to decide the Application/Complaint filed by the father of Petitioner dated 11/08/2020 pending before it expeditiously within a period so stipulated by this Hon’ble Court, so that justice may be done with the Petitioner.”
After due deliberation at length, learned counsel for the petitioner has prayed for early disposal of the representation dated 11.08.2020, which is pending before the District Magistrate (respondent no. 2).
It is submitted that the plot in question is a Bhoomidhari land of the petitioner, which has illegally be encroached by the contesting respondents.
Learned Standing Counsel has no objection if a direction is issued to the authority concerned to decide the aforesaid representation within a stipulated period fixed by this Court.
In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to the District Magistrate (Respondent No. 2), before whom the aforesaid representation is pending, to decide the same expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
With the aforesaid directions, present writ petition is disposed of.
Order Date :- 20.12.2021 Pkb/