Court No. - 32
Case :- WRIT - C No. - 11649 of 2018 Petitioner :- Mujibul Hasan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Chandra Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
A complaint was made by the Kalim Asaraf son of Hasim Husain that petitioner has made encroachment and raised construction on pond land. Notice dated 22.1.2018 was issued to the petitioner by Nagar Panchayat to remove the construction, within a week, failing which the same shall be removed through police force.
Learned counsel for the petitioner submits that immediately he filed a reply to the said notice on 15.2.2018.
The grievance of the petitioner is that without considering the objection filed by the petitioner and without passing any order, he is being pressurized illegally through police force to remove the construction. It is also pointed out that a civil litigation is already going on in between the petitioner and the complainant on account of which a totally false and frivolous complaint has been filed and the respondent -Nagar Panchayat without verifying the true and correct facts under same political influence is trying to dispossess the petitioner and demolish the construction illegally.
Considering the facts and circumstances, we dispose of the petition by providing that Adhishashi Adhikari, Nagar Panchayat- respondent No.4 shall take an appropriate decision, in accordance with law on the objection filed by petitioner within a period of one month from today.
Till such decision is taken by respondent No. 4, strict status quo with respect to nature and possession, shall be maintained by both the parties.
With the aforesaid observation/direction, the writ petition stands finally disposed of.
Order Date :- 30.3.2018 Ravi Prakash