Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1264 of 2019 Petitioner :- Pradeep Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
By means of present public interest litigation, the petitioner has approached for following relief:
"1. issue a writ order or direction in the nature of mandamus directing the respondent no. 2 Sub Divisional Magistrate Koraon, District Prayagraj to remove the illegal and wrongful occupation on the Chak Road Gata No. 48 located village Piyari, Tehsil Koraon, District Prayagraj."
It transpires from the record that petitioner had already moved application before Sub Divisional Magistrate on 22nd September, 2019 on which learned Magistrate had directed for conducting paimish/ measurement on the spot of the land in question. It is alleged that till date no orders have been passed nor any proceedings have been initiated at the instance of Sub Divisional Magistrate to get the encroachment removed over public utility land.
In view of above, writ petition is disposed of at this stage with direction to the Sub Divisional Magistrate concerned to look into the grievance of the petitioner and to carry out necessary measurement on the spot and in case if encroachment is found , person shall be given proper notice and opportunity of hearing before any order is passed. In any case, necessary exercise shall be done not only in compliance of the principles of natural justice but also as expeditiously as possible preferably within period of six months from the date of production of certified copy of this order.
The writ petition is disposed of with the aforesaid observations and directions.
Order Date :- 29.5.2019 Sanjeev