Court No. - 21
Case :- WRIT - C No. - 26791 of 2020 Petitioner :- Ram Mohan Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Sharan Goswami,Jagdish Chandra Sharma Counsel for Respondent :- C.S.C.,Shyam Mani Shukla,Suresh C. Dwivedi
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Om Sharan Goswami, learned counsel for the petitioner, learned Standing Counsel, Shri Suresh C. Dwivedi, learned counsel for respondent no.4 and Shri Shyam Mani Shukla, learned counsel for the respondent no.5.
The petitioner is before this Court for the following relief:-
(i) Issue a writ order or direction in the nature of mandamus commanding the District Magistrate, Agra, respondent no.3 to conduct an inquiry for illegal encroachment and permanent construction of roof made over the public utility land left by the Agra Development Authority, Agra in the Jaipur House Market, Agra, within a period as specified by this Hon'ble Court since the petitioner's representation dated 30.11.2020 (Annexure-13) is pending before the respondent no.3.
(ii) Issue further a writ order or direction in the nature of mandamus directing the respondents no.4 and 5 to take immediate legal action for restoring the open court-yard area between Shops Nos 106-107 (west) and Shops No.80-81 (east) of block No.4 & 5 of the Jaipur House Market, Agra in its original position as described in the sale deed executed om favour of the petitioner."
Learned counsel for the petitioner states that for redressal of his grievances the petitioner has already represented to District Magistrate, Agra respondent no.3 through a letter dated 30.11.2020 and the same may be directed to be decided expeditiously.
The aforesaid prayer has not been objected by learned counsel for the respondents.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner makes fresh representation to the competent authority ventilating its grievances within ten days from today, the same would be considered and proceeding in question be finalised in accordance with law in further two months, but certainly after according opportunity of hearing to all the stake holders in the matter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 T. Sinha