Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1557 of 2021 Petitioner :- Ram Prasad Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ganesh Shankar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri Pramod Kumar Pandey, learned Advocate, holding brief of Sri Ganesh Shankar Dubey, learned counsel for the petitioner, Sri Azad Rai, learned counsel for the Gaon Sabha/respondent no.5, learned Standing Counsel represents respondent nos.1 to 4 and perused the record.
After due deliberations at length learned counsel for the petitioner has confined his argument only with respect to prayer no.(b), which is quoted below:-
"Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos.3-Sub Divisional Magistrate, Tehsil Meja, District Prayagraj, to decide the application dated 19.08.2021(Annexure No.8)."
It is submitted by counsel for the petitioner that in old record plots in question are recorded as pond, but by the passes of time contesting respondents have got their names recorded in the revenue record, over the aforesaid plots as Bhumidhar with transferable rights.
Learned Standing Counsel submits that the issue raised by counsel for the petitioner can appropriately be examined by the authority concerned, precisely by the Sub Divisional Magistrate, Tehsil Meja, District Prayagraj (respondent no.3), before whom representation dated 19.08.2021 (Annexure No.8) is pending disposal, which has been sought to be decide in prayer no.(b).
Be that as it may, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that Sub Divisional Magistrate, Tehsil Meja, District Prayagraj (respondent no.3), shall decide the representation dated 19.08.2021 (Annexure No.8), which is pending before him, under the relevant provisions of law as applicable, expeditiously, preferably, within a period of three months from the date of production of certified copy of this order.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 24.9.2021 VKG