Court No. - 37
Case :- WRIT - C No. - 14907 of 2021 Petitioner :- Ram Naresh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anand Mohan Pandey Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
1. Heard Sri Anand Mohan Pandey, learned counsel for the petitioner, learned Standing Counsel as well as Sri Azad Rai, learned counsel appearing for Gaon Sabha.
2. The apprehension of the petitioner is that the respondent nos. 4 and 5 are adamant to construct the chak-road from the Sehan of the petitioner, which is on his own land. In this regard, he has made representation before respondent no.3-The Upziladhikari/Sub Divisional Magistrate, Bindki, District Fatehpur, which is pending consideration.
3. Learned Standing Counsel as well as Sri Azad Rai, learned counsel appearing for respondent no.4-Gaon Sabha, have no objection, in case, direction is issued to decide the pending representation of the petitioner.
4. Having heard counsel for the parties and without entering into the merits of the case, the writ petition is disposed of with direction to respondent no.3-Sub Divisional Magistrate, Bindki, District Fatehpur, to decide the pending representation of the petitioner, expeditiously, preferably within a period of six weeks from today from the date a computer generated copy of this order along with fresh copy of representation is produced before him. However, if it is found from the inspection of the revenue record that chak-road already exists there, in that event the chak-road shall be constructed after proper permission is accorded by the higher authorities of the revenue department.
5. With the aforesaid observations/directions the writ petition is disposed of finally.
Order Date :- 27.7.2021 Prajapati