Court No. - 29
Case :- WRIT - C No. - 19384 of 2018 Petitioner :- Mahesh And 3 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rajeev Kumar Singh Parmar Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Grievance of the petitioners is that though in the chakbandi record, no chak road exists on record but without any authority of law, the respondent authority is illegally carving out the chak road over their 'bhumidhari' land.
From the pleadings, we find that with respect to the aforesaid grievance, the petitioners have already made representation before the District Deputy Director of Consolidation/District Magistrate, Shahjahanpur.
Learned Standing Counsel fairly states that in case any such representation has been made and is pending or even if, the petitioner makes a fresh representation, the authority concerned shall consider and decide the same expeditiously.
In our view, since the dispute involves disputed question of fact, no useful purpose would be served by keeping this pending and calling for a counter affidavit and interest of justice would stand served by directing a fact finding authority to consider the grievance of the petitioners at initial stage.
Considering the facts, we dispose of the writ petition giving liberty to the petitioners to submit a fresh representation raising their grievances annexing therewith all supporting documents as well as a copy of the writ petition and its annexures before respondent no. 2, District Magistrate, Shahjahanpur within two weeks from today, with the further direction to the said authority to consider and decide the same expeditiously, preferably within a period of four weeks from the date of making of the representation after taking into consideration the relevant records and notice and opportunity of hearing to all concerned.
Order Date :- 28.5.2018 nd