Hon'ble Manish Mathur,J.
Notice on behalf of opposite parties no. 1 to 5 has been accepted by the learned Chief Standing Counsel.
Heard learned counsel for the parties.
The writ petition has been filed seeking following reliefs:
" (i) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the concern opposite parties to stop the illegal construction of Panchayat Building going on Gata No. 179 which was allotted Patta to the petitioner by Gram Sabha on 22.07.2016 situated in Village Ramnagar, Tehsil- Lambhua, Sultanpur which was proved by the Sub-Divisional Magistrate, Lambhua, Sultanpur in the interest of justice.
(ii) It is further prayed that this Hon'ble Court may kindly be pleased to directing to the Gram Sabha of Madardeeh to Construct the Panchayat Building upon Gata No. 41 and 42 situated in Madardeeh, Lambhua Sultanpur as proposal passed by Land Management Committee for construction of community toilet and Panchayat Building upon Gata No. 41 and 42 situated in Gram Sabha Madardeeh, Lambhua, Sultanpur in the interest of justice.
(iii) It is further prayed that this Hon'ble Court may kindly be pleased to directing the opposite party no. 3 and 5 to decide the application dated 30.01.2021 submitted by the petitioner before the opposite party no. 3 and 5 to stop the illegal construction on Gata No. 179 which is allotted Patta to the petitioner on 22.07.2016 by the concern Gram Sabha which is approved by the Sub-Divisional Magistrate, Lambhua, Sultanpur in the interest of justice.
(iv) Issue any other order or direction by which this Hon'ble Court may deem fit, just and proper under the fact and circumstances of the case in favour of petitioner, in the interest of justice.
(v) Allow the cost of the writ petition in fvour of the petitioner."
Learned counsel for petitioner submits that the opposite parties in most arbitrary and illegal manner are raising construction of Panchayat Bhawan on the land at Gata No. 179 where the land has been allotted to petitioner by way of patta. The Gaon Sabha in it resolution dated 22.7.2016 had resolved that construction of Panchayat Bhawan shall be made on the land at Gata No. 41 and 42.
We have considered the submissions made by the parties' counsel and gone through the record.
We are of the considered view that the grievance of the petitioner can very well be considered by the authorities concerned, may be opposite party no. 4, Sub Divisional Magistrate, Lambhua, District Sultanpur.
In this view of the matter, the writ petition is finally disposed of with the observation that the petitioner may approach the opposite party no. 4, Sub Divisional Magistrate, Lambhua, District Sultanpur by making a representation. In case any such representation is made, the authority concerned shall consider and take appropriate decision in accordance with law, expeditiously, say within a period of six weeks from the date of receipt of certified copy of this order along with copy of representation. He while considering the representation may consider the urgency in the matter as the construction of Panchayat Bhawan is being made.
[Manish Mathur, J.] [Ritu Raj Awasthi, J.] Order Date :- 9.2.2021 Santosh/-