Court No. - 21
Case :- WRIT - C No. - 40716 of 2018 Petitioner :- Ramvachan Maurya And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Gupta Counsel for Respondent :- C.S.C.,Sanjay Kumar Tripathi
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioners are eight in number. They have preferred this writ petition for a direction upon the second respondent not to demolish their buildings unless the correct measurement is made under Section 41 of the Land Revenue Act. The principal relief sought for by the petitioners, amongst others, reads as under:
"(i) issue writ order or direction in the nature of mandamus commanding the respondent no. 2 not to disturb the peaceful possession of the petitioners unless Paimais of Gata No. 426 is concluded U/s 41 of L.R. Act by the Revenue Authorities in pursuance of the court order."
Learned Standing Counsel appears for the first, third and fourth respondents and Sri Sanjay Kumar Tripathi, learned Advocate, has accepted notice and put in appearance on behalf of the second respondent.
Having due regard to the fact that the petitioners have made representation to the second respondent for redressal of their grievance, we are of the view that the ends of justice require that the second respondent may consider their cause and pass the appropriate order in accordance with law expeditiously, preferably within two months from the date of communication of this order. The petitioners are permitted to file a fresh representation along with a certified copy of this order.
Needless to say that we have not expressed our opinion on the merit of the case. The second respondent shall pass the order independently and in accordance with law.
Accordingly, the writ petition is disposed of. No order as to costs.
Order Date :- 20.12.2018 SKT/-