Court No. - 29
Case :- WRIT - C No. - 41532 of 2019 Petitioner :- Krishna Kumar And 6 Others Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Premnendra Singh,Vijay Prakash Mishra Counsel for Respondent :- A.S.G.I.,Ashok Kumar Pandey,C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the respondents.
The S.D.M. Soraon, District Prayagraj vide order dated 27.11.2019 has decided that the water-logging is due to encroachment of public land. Therefore, all encroachments be removed/demolished so that free flow of water may be maintained.
The submission of learned counsel for the petitioners is that there is no encroachment on public road and in fact as per the report of the Block Development Officer, the drain which has been constructed on either side of the National Highway is very high on account of which the flow of drain water of the kasba has been stopped.
The petitioners also submit that there is no order holding that petitioners are encroachers. At least they have not been given any notice or opportunity of hearing before passing any such order.
The petitioners in this regard have submitted a representation dated 29.11.2019 to the S.D.M.
Accordingly, we dispose off the writ petition with the direction to the S.D.M. (respondent No.6) to consider and decide the aforesaid representation of the petitioner after affording opportunity of hearing to all parties concerned in accordance with law most expeditiously, if possible, within a period of 2 months from the date a copy of this order is produced before him.
The writ petition stands disposed off. Order Date :- 19.12.2019 Nirmal Sinha