Court No. - 42
Case :- WRIT - C No. - 25871 of 2021 Petitioner :- Sagar Singh And Another Respondent :- Collector / District Magistrate Ghazipur And 3 Others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi,Sr. Advocate Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit filed today is taken on record.
Instructions filed today by learned counsel for the Gaon Sabha concerned and also by the leaned Standing Counsel are taken on record.
Heard Sri R.C. Singh, learned Senior Advocate assisted by Sri Narayan Dutt Shukla, learned counsel for the petitioner, learned Standing Counsel appearing for the State respondents, and perused the record.
Present petition has been filed for directing Respondents not to demolish the petitioners' houses/ sahan etc. till the disposal of the appeals pending before the Collector, Ghazipur, which may be decided as early as possible and also for directing the Respondents not to carry out demolition work pursuant to order dated 1.12.2020 passed by Assistant Collector (First Class) Tehsildar, Tehsil - Sevrai, District Ghazipur without carrying out survey work fix point.
Pursuant to the order dated 5.10.2020, learned counsel has filed a supplementary affidavit indicating therein that the case number allotted to the appeal filed by the petitioners is Case no. 1566 of 2021, Computerized no. D202114290001566.
By drawing attention to the order passed by this Court in Writ- C No. 25534 of 2021 (Ramashankar Rai Vs. State of U.P. and others) decided on 4.10.2021, submission of learned counsel for the petitoiner is that the appeal may be decided on its own merits and till then no demolition be carried out. It was informed to this Court that in one appeal, the next date fixed is 18.10.2021 and in another case the next date fixed is 28.10.2021.
It is expected that the appeals shall be decided as expeditiously as possible, as according to the instructions submitted by the Gaon Sabha, 8 persons have removed their constructions from the property in question. It is, therefore, expected that if possible, the appeal may be decided on the next date fixed or within a period of one month. For a period of one month or the appeal is decided, whichever is earlier, status quo shall be maintained only in respect of 2 petitioners herein.
With the aforesaid observations/ directions, the present petition is finally disposed of.
Order Date :- 7.10.2021 N.S.Rathour