Court No. - 1
Case :- WRIT - C No. - 42651 of 2019 Petitioner :- Meera Devi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Singh Kushwaha,Amar Bahadur Maurya Counsel for Respondent :- C.S.C.,Vineet Sankalp
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Ramesh Singh Kushwaha, learned counsel for the petitioners, Sri Vineet Sankalp, learned counsel for the respondent and Sri Rahul Malviya, learned Standing Counsel for the State.
By means of this petition the petitioner has prayed for quashing of the notice date 9.12.2019 issued by the Tehsildar, Sakaldiha, District Chandauli whereby the petitioner has been asked to vacate the unauthorized encroachment.
Counsel for the petitioner argues that the petitioners have not been supplied with the order of the Sub-Divisional Officer nor any notice has been issued before passing of the order dated 9.12.2019.
Learned Standing Counsel at this stage states that the petitioner has to opportunity to take plea before the authority concerned.
In view of the above the writ petition is disposed of with the direction that in case if the petitioner approaches the Tehsildar, Sakaldiha, District Chandauli within two weeks from today, he shall be supplied with a copy of the order of the Sub-Divisional Officer, Sakaldiha, Chandauli dated 18.9.2019 forthwith and the petitioner shall submit his reply thereof within a week thereafter. After receiving the reply of the petitioners as directed hereinabove, the authority concerned shall proceed to pass final order within three weeks.
For the period of six weeks or the passing of the order, whichever is earlier, no coercive measure shall be taken against the petitioners pursuant to the notice dated 9.12.2019.
Order Date :- 20.12.2019 Nadeem Ahmad (Ajit Kumar,J.) (Ramesh Sinha,J.)