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Rama Shankar vs State Of U P And Others

High Court Of Judicature at Allahabad|30 November, 2018
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JUDGMENT / ORDER

Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2928 of 2018 Petitioner :- Rama Shankar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Pursuant to the order dated 20.2.2018 learned counsel for the petitioner has filed supplementary affidavit, which is taken on record.
Present petition has been filed seeking direction to the respondent no. 3 to make enquiry and further ensure that public utility land of village Khandeha, Tehsil Mau, District Chitrakoot be not encroached by anyone.
In this regard the petitioner alongwith other persons have already filed representation before the respondent no. 3.
Learned Standing Counsel fairly submits that at the first instance the grievance of the petitioner can be looked into by the respondent no. 3, who may pass suitable orders or may direct the authority concerned for suitable action.
In view of the aforesaid, without going into the merits of the claim of the petitioner, it is hereby provided that respondent no. 3-District Magistrate shall consider and decide the representation of the petitioner, preferably within a period of three months from the date of production of certified copy of this order on its own merits and while passing orders the District Magistrate shall pass appropriate orders by giving reasoning and if necessary by giving directions to the authorities concerned to initiate suitable action in the present case.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the respondent no. 3 while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 30.11.2018 Lalit Shukla
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Title

Rama Shankar vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 November, 2018
Judges
  • Vivek Kumar Birla
Advocates
  • Birendra Singh