Court No. - 39
Case :- WRIT - C No. - 18309 of 2019 Petitioner :- Pratyush Kumar Mishra And Another Respondent :- The District Magistrate Prayagraj And 7 Others Counsel for Petitioner :- Shivendra Nath Singh,Pratyush Kumar Misra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Shivendra Nath Singh, learned counsel for the petitioner and learned standing counsel for the respondent nos. 1,2 and 3.
The petitioners in the writ petition are seeking a directing to the respondents to remove the alleged illegal encroachment and construction from the Arazi No. 578 measuring -.069 hectare, situated at Village Rangpura, Tehsil Soraon, District Prayagraj, which is stated to belong to the petitioners.
It is stated that in this respect the petitioners have also initiated proceedings under section 41 of the U.P. Land Revenue Act, 1901, which is stated to be pending before the Sub Divisional Magistrate, Tehsil Soraon, District Prayagraj, respondent no.2, since 2011.
No useful purpose will be served by keeping the matter pending.
We, therefore, dispose of this writ petition with the direction to the Sub Divisional Magistrate, Tehsil Soraon, District Prayagraj, respondent no.2 to consider and decide Case No. T- 2014070303161 of 2011 (Pratyush Kumar and others vs. State and others) in accordance with law expeditiously preferably within a period of 2 months from the date of receipt of this order.
It is made clear that the Court has not adjudicated the claim of the petitioners on merits.
Order Date :- 31.5.2019 samz