Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3971 of 2018 Petitioner :- Mevalal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This petition for writ is preferred with prayer as follows:-
"I. issue a writ order or direction in the nature of mandamus directing to the Respondent no. 2 and 3 to demolish the encroachment / construction in the public passage (Khadanja) in Maujakarmoan, Tehsil- Khaga, District- Fatehpur by respondent no. 4, which is meant for public usage as appears at Serial No. 12 in decentralized planning system of Government (Annexure No. 1).
II. Issue a writ order or direction in the nature of mandamus directing to the Respondents for making recovery of compensation from the encroachers over the above said land according to law."
Before approaching this Court petitioner also submitted a detailed representation to the District Magistrate, Fatehpur on 25th of June, 2018. On having no positive response, instant petition for writ is preferred.
It is stated by learned counsel appearing on behalf of the petitioner that earlier too, representations were submitted to the Sub-Divisional Magistrate, Khaga, District- Fatehpur but those too were not considered.
Looking to the facts stated, we deem it appropriate to dispose of this petition for writ by directing the District Magistrate Fatehpur to consider and decide the representation of the petitioner on merits in accordance with law within a period of two months from the date the petitioner presents a certified copy of this order. The District Magistrate Fatehpur shall also provide an opportunity of personal hearing to the petitioner, if demanded. An opportunity of hearing shall also be given to the other effected persons including the persons against whom allegations are made with regard to encroachment of public passage.
The writ petition stands disposed of accordingly.
Order Date :- 25.7.2018 Rameez .
(Chandra Dhari Singh,J.) (Govind Mathur,J.)