Court No. - 10
Case :- WRIT - C No. - 36084 of 2018 Petitioner :- Ram Janam Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Ashutosh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Ashutosh Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Notice need not be issued to the private respondents nos.4 to 10 in view of the order proposed to be passed.
The petitioner is before this Court for issuing direction to the respondents not to interfere in his peaceful over Gata No.67 area 0.0980 hectares situated in Village Sadat, Pargana Saidpur, Tehsil Jakhaniya, District Ghazipur in any manner and to direct the respondent no.2 to decide the application dated 15.10.2018 within stipulated time.
Learned counsel for the petitioner states that the petitioner moved an application under Section 24 of U.P. Revenue Code, 2006 before the third respondent for demarcation of the land in question. The Revenue Inspector made spot inspection of the aforesaid land and submitted his report before the Tehsildar on 4.8.2017. Thereafter, the Sub Divisional Magistrate accepted the report of the Revenue Inspector on 19.2.2018 and directed him for implementation on the spot through the stone mark. In compliance of the aforesaid order, the Revenue Inspector marked the land on the spot on 25.5.2018. The petitioner is in possession over the land in dispute and he is making boundary wall but the contesting respondents are interfering in his possession. The petitioner has already filed an application dated 15.10.2018 before the respondent no.2 for redressal of his grievance, which is still pending. He has confined his prayer only to the relief that his representation dated 15.10.2018 may be considered by the appropriate authority.
Learned counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.2 to decide the petitioner's representation in accordance with law within a period of six weeks from the date of production of a certified copy of this order before him.
Order Date :- 30.10.2018 RKP