Court No. - 50
Case :- WRIT - C No. - 38833 of 2019 Petitioner :- Ram Ashray And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sunil Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard learned cousnel for the petitioners.
The present writ petition has been filed praying a writ of mandamus commanding the respondent No.2 i.e Sub Divisional Magistrate, Sadar to take appropriate action on the grievance of the petitioners with regard to Arazi No.48 area 0.1470 hectare, situatetd at Mauza Kauli, Pargana Haweli, Tehsil Sadar, District Jaunpur and till then the respondent No.3 i.e. Village Pradhan be restrained from constructing a road on the property of the petitioners.
It is stated in the writ petition that the petitioners have filed an application dated 05.11.2019 before the Incharge Tehsildar in Tehsil Diwas regarding encroachment over the property of the petitioners by the concerned Gram Pradhan but the said application has not yet been decided by the concerned officer and no action has been taken on the aforesaid application of the petitioners.
It would serve no purpose to keep the writ petition pending. The petitioners may file a fresh representation before the concerned Sub-Divisional Magistrate i.e. respondent no. 2, who shall decide the representation of the petitioners within a period of four months from the date of receipt of a certified copy of this order along with fresh copy of the representation in accordance with law.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 28.11.2019 Pr/-