Court No. - 29
Case :- WRIT - C No. - 14713 of 2018 Petitioner :- Ram Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Chauhan,Ravindra Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred with the prayer as follows:-
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to decide the applications of the petitioner pending before them since long.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to take legal and penal action against the respondent no. 4 and 5 for fraudulently grabbing the land of Abadi with the collusion of Tehsil Authorities."
During the course of arguments, the petitioner has pressed only prayer clause (I), i.e., for disposal of the applications of the petitioner said to be pending before the Sub Divisional Officer, Kaushambi and District Magistrate, Kaushambi, respectively. The applications were submitted by the petitioner to the Sub Divisional Officer, Tehsil Chail, District Kaushambi in the month of October, 2017 and prior to that on 24.08.2017 to the District Magistrate, Kaushambi.
The grievance of the petitioner is that some of the private persons are making encroachments on the public land and are also selling that without having any authority of law. From the dates of the applications referred above, it is apparent that a long time has been passed and, as such, those applications are deemed to be rejected by the officers concerned. The petitioner if is having any grievance with regard to any kind of wrong committed by private persons, i.e., respondent nos. 4 and 5, he may avail appropriate remedy.
The writ petition is dismissed accordingly.
Order Date :- 24.4.2018 Shubham .
(Jayant Banerji,J.) (Govind Mathur,J.)