Court No. - 52
Case :- WRIT - C No. - 19289 of 2019 Petitioner :- Mithilesh Tiwari Respondent :- State Of U P And Another Counsel for Petitioner :- Rajiv Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri Rajiv Dwivedi for the petitioner and Standing Counsel for State of UP.
The writ petition has been filed for issue of mandamus directing the Executive Engineer, Public Works Department, Karwi, Chitrakoot, respondent-2 not to demolish 'Satsang Bhawan' House No. 35/34 situated at Mohalla Raghavpuri Ward No. 10, Ramghat, Sitapur, Chitrakoot, District Chitrakoot.
A perusal of the record shows that earlier the Assistant Engineer has issued a notice dated 26.2.2013 to the petitioner showing construction of the aforesaid house as an encroachment on the road side. The petitioner has submitted a reply to the Executive Engineer to the aforesaid notice on 8.3.2013. It is stated that Executive Engineer has not decided the representation/ reply of the petitioner till today.
Now without any adjudication, the house of the petitioner is being demolished by the respondents.
In the facts of the case, the writ petition is disposed of with direction to the Executive Engineer, respondent-2 to decide the representation / reply of the petitioner dated 8.3.2013 by reasoned and speaking order before demolishing the construction of the petitioner. The petitioner is given liberty to file a copy of the representation / reply dated 8.3.2013 as well as all relevant documents showing his title etc. before the Executive Engineer along with certified copy of this order within ten days.
Order Date :- 31.5.2019 Rahul Dwivedi/-