Court No. - 7
Case :- WRIT - C No. - 34495 of 2021 Petitioner :- Paramsevak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Dinesh Pathak,J.
At the outset, learned counsel for the petitioner prays for to correct the date of representation which is wrongly transcribed in the prayer clause of the petition.
Learned counsel for Gaon Sabha and the learned Standing Counsel have no objection.
Counsel for the petitioner is permitted to correct the date of representation in the prayer clause, during the course of the day.
Heard learned counsel for the petitioner, learned counsel for Gaon Sabha and the learned Standing Counsel.
Present petition has been filed for the following relief :-
"issue a writ, order or direction in the nature of mandamus directing the Respondent no. 2 to take appropriate decision upon the application/representation of the petitioner dated 02.11.2021 and further direct to handover the possession to the petitioner after removing Khadanja constructed forcibly over the plot no. 349 area 0.010 hectare situation at Village Ghoda Deur, Tehsil Kaptanganj, District Kushi Nagar and pray compensation to the petitioner accordance with law."
It is submitted that Gram Pradhan has illegally encroached partial land of plot no. 349 and made paved road through the said area, without any legal authority. Such construction of paved road is totally illegal and against the provisions of law. Petitioner has ventilated his grievances before the Sub Divisional Magistrate (Respondent no. 2) through a representation dated 02.11.2021. On the aforesaid representation, the respondent no. 2 has called for the enquiry report vide endorsement dated 03.11.2021. In pursuance of the aforesaid direction, Revenue Inspector has submitted a report dated 25.11.2021 (Annexure-6) showing the illegal construction of the paved road on partial land of plot no. 349. Further submission is that the aforesaid representation is still pending.
Learned Standing Counsel submits that purpose of the petitioner would be served by issuing a direction to the respondent no. 2 to decide the representation dated 02.11.2021.
In this conspectus as above, no useful purpose would be served to keep this matter pending. Therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition, with a direction to respondent no. 2 to consider and decide the aforesaid representation dated 02.11.2021, expeditiously, preferably, within a period of four months. The respondent no. 2 shall decide the same strictly in accordance with law by means of a reasoned and speaking order, after affording opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 23.12.2021 VR/