Court No. - 39
Case :- WRIT - C No. - 3162 of 2019 Petitioner :- Mohan Lal Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Pandey,Anurag Pathak Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Anurag Pathak, learned counsel for the petitioner, learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking a direction to the respondents not to cut out the road over the petitioner's land being Gata no. 1 situated in Village Kusauda, Post Suriyawan, Tehsil & District Bhadohi. According to the petitioner he had submitted a representation in this regard on 31.10.2018 on which a report was also called from the Executive Engineer, Public Works Department, Bhadohi-Respondent no.4. The Executive Engineer submitted a report dated 27.11.2018, Annexure-7 to the writ petition, stating that the road came under the Zila Parishad since the last 40 years and on which improvement work is going on. The report also mentions that the petitioner is not entitled to any compensation.
No useful purpose would be served in keeping the petition pending.
We dispose of this writ petition with a direction to the Respondent no.2-Commissioner, Mirzapur to take a decision in the matter particularly with regard to the report of the Executive Engineer, Public Works Department dated 27.11.2018, in accordance with law within a period of three months from the date of receipt of a certified copy in his office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 29.1.2019 Kirti