Court No. - 4
Case :- WRIT - C No. - 18977 of 2019 Petitioner :- Ramlalit Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anurag Yadav,Mahendra Pratap Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel appearing on behalf of the petitioner and learned standing counsel for the respondent nos. 1 to 4.
Notice need not be issued to the respondent no. 5 in view of the order which we propose to pass.
The only grievance of the petitioner appears to be that his house exist on the plot adjacent to the plot nos. 488A and 488B situate in village Sirsiya Thakurai, P.S. Karma, district Sonbhadra on which illegal mining is being carried out by the respondent no. 5 in collusion with the forest authorities, although the aforesaid plots have been notified as forest area. It further transpires that the petitioner has filed a complaint dated 4.6.2018 (Annexure-4) before the respondent no. 2, District Magistrate, Sonbhadra against the illegal mining which is being carried out by the respondent no. 5 on the aforesaid plots but it appears that the respondent no. 2 has not taken any cognizance on the petitioner's complaint.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with liberty to the petitioner to file a fresh comprehensive complaint ventilating all his grievances which have been taken by him in this writ petition before the respondent no. 2, District Magistrate, Sonbhadra within a period of two weeks from today along with certified copy of this order and in case any such complaint is filed by the petitioner before the respondent no. 2 within the time indicated hereinabove, he shall consider and decide the same strictly in accordance with law by a speaking and reasoned order as expeditiously as possible preferably within a period of two months from the date of filing of such complaint by the petitioner before him after affording opportunity of hearing to the respondent no. 5.
Order Date :- 30.7.2019/SA