Court No. - 4
Case :- WRIT - C No. - 7086 of 2018 Petitioner :- Nanhaku Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Pandey Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
The petitioners, who are 4 in numbers have filed this writ petition to quash the notice dated 22.1.2018 issued by respondent no. 3 directing them to remove encroachment made by them on Chhitupur Tikari, I.T.I. road which is required for road expansion.
It is contended by the learned counsel for the petitioners that in the garb of the impugned notice the respondents are trying to evict the petitioners from the land of their holding without acquiring the same and without paying any compensation.
Learned Standing counsel states that for redressal of their grievance, the petitioners have already approached the District Magistrate by filing a representation before him on 5.2.2018 copy whereof has been annexed as Annexure-4 to the writ petition and without waiting for disposal of their representation, they have filed the present writ petition. He has further submitted that the arguments made by the learned counsel for the petitioners involve adjudication upon disputed questions of fact which require evidence and cannot be decided by this Court in writ proceedings.
Having heard the learned counsel for the parties present and perused the averments made in the writ petition, without expressing any opinion on the merits of the case, we dispose of this writ petition with a direction to the respondent no. 2 District Magistrate to consider and decide the representation filed by the petitioner before him on 5.2.2018 (Annexure-4) by a speaking and reasoned order within a period of three weeks from the date of production of certified copy of this order before him.
Order Date :- 27.2.2018 Manoj