Court No. - 40
Case :- WRIT - C No. - 17991 of 2021 Petitioner :- Ram Kewal Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Sudhir Bharti
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1, 4 and 5 and Sri Subodh Bharti, learned counsel for respondent no.6.
Even in the revised call no one has appeared for respondent nos.2 and 3, though notice of the petition has been served on Sri Pranjal Mehrotra, Advocate.
Considering the nature of the order that we propose to pass, we do not deem it necessary to await a response from the respondents.
The grievance of the petitioner is that land pertaining to plot no.274 at Village Telnapur, Tehsil Chauri Chaura, District Gorakhpur, which is recorded as pathway in the revenue records, is being utilized for construction of an overhead water tank by Officers of U.P. Jal Nigam. The petitioner, therefore, seeks a direction upon the respondents not to construct overhead water tank over the said plot.
Considering the nature of the prayer made, we deem it appropriate to dispose of this petition by requiring the fourth respondent (District Magistrate, Gorakhpur) to call for report from the revenue officials concerned to examine whether construction is being raised over public pathway, reserved as such in the consolidation scheme, or over some other plot of land. After examining the records and the reports obtained as above, appropriate directions shall be issued in accordance with law, preferably, within three weeks from the date of filing a copy of this order in his office.
Needless to add that the aforesaid exercise shall be carried out after giving opportunity of hearing to the Officers of the U.P. Jal Nigam, Gorakhpur as also the office bearers of the Gram Panchayat concerned.
Order Date :- 13.8.2021 Bhaskar