Court No. - 18
Case :- WRIT - C No. - 15333 of 2018 Petitioner :- Pratap Bahadur Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Dubey,Mukesh Kumar Yadav Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Rajesh Kumar Dubey, learned counsel for the petitioner, Shri Anurag Srivastava, learned Standing Counsel for the State respondents and Shri Diwakar Singh, Advocate appearing for the fifth respondent.
Notice need not be issued to the private respondents in view of the order proposed to be passed.
In pith and substance, petitioner is requesting that the respondents may be asked to decide his representation dated 18.04.2018 within stipulated as the fifth respondent has encroached the land of Khasra no.293 measuring its area 0.0910 hectare, which is recorded as banjar land, situated in Village Panchayat Chandauha, Pargana and Tehsil Phoolpur, District Allahabad.
Learned Standing Counsel and Shri Diwakar Singh, Advocate very fairly state that in case any such encroachment is being made, the third respondent i.e.d Assistant Collector/Tehsildar, Tehsil Phoolpur, District Allahabad is the competent authority to deal with the same.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally asking the petitioner to move a fresh application before the third respondent within two weeks' from today, which shall be decided by the third respondent strictly in accordance with law expeditiously but certainly after giving an opportunity of hearing to all the stake holders in the matter.
Order Date :- 27.4.2018 A. Pandey