Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2040 of 2019 Petitioner :- Ram Asare Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijayendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
This Public Interest Litigation has been filed by petitioner with a prayer to issue writ order or direction in the nature of mandamus commanding respondents to consider the case of the petitioner with regard to construction of pakka chak marg/ public road on Gata No. 86, in Mauja Imliya, Tehsil Sadar, District Varanasi with a specific time.
When this matter was taken up today, learned Standing Counsel on the basis of the instructions received by him from Sub-divisional Magistrate, Varanasi which are in the form of a written narration and which have been taken on record, submitted that proceedings under Section 67(1) of the U.P. Revenue Code, 2006 for removal of the encroachments were instituted in the court of Tehsildar, Varanasi and decided and the enroachments have been removed.
Record shows that for the redressal of his grievances petitioner has filed a representation before respondent no. 2 on 22.04.2019, which is on record as Annexure-10 but the said representation has not been decided till then.
It is contended by learned counsel for the petitioner that a suitable direction may be issued to the respondent no. 2 to pass appropriate orders on the pending representation filed by petitioner before him.
Learned Standing Counsel on the contrary submitted that pakka chak marg has been restored on the spot after removal of the permanent encroachments.
Having heard learned counsel for the parties, we are of the view that issue whether after the removal of the permanent encroachments the chak marg has been restored to its original form or not requires reconstruction is a question of fact which cannot be determined by us while exercising jurisdiction under Public Interest Litigation, however, since the petitioner has already approached respondent no. 2 by filing a representation before him with the same relief which has been made by him in this Pubic Interest Litigation, in our opinion, the ends of justice shall be served, in case this Public Interest Litigation is disposed of with a direction to respondent no. 2 to take appropriate decision on the representation filed by petitioner before him, expeditiously, within a period of four weeks from the date of production of certified copy of this order after making spot inspection either himself or through any other sub-ordinate officer.
If upon spot inspection, it is found that the chak marg requires to be repaired or reconstructed, then the necessary exercise in this regard shall be completed within a period of two months from the date of decision taken by respondent no. 2 on the petitioner's representation.
With above directions, the Public Interest Litigation is disposed of.
Order Date :- 27.11.2019 V.S.Singh