Court No. - 29
Case :- WRIT - C No. - 14313 of 2018 Petitioner :- Sailesh Kumar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred with relief as follows:-
"(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to demolish the construction of the petitioner without demarcation by revenue authorities."
It is submitted by learned counsel for the petitioner that despite the request made by Executive Engineer, Uttar Pradesh Avas Vikas Parishad, Construction Division-34, no demarcation of the land has been made by respondent no. 4 but the Authorities of the Avas Vikas Parishad proceeded to demolish the construction made by the petitioner on the land in dispute.
From perusal of the communication dated 20.03.2018 available on record as Annexure No. 3, it is apparent that the Executive Engineer under the communication aforesaid made a request to Tehsildar, Sadar, Ballia to make necessary demarcation of the land.
Having considered this fact, we deem it appropriate to dispose of this petition for writ by directing the petitioner to present a certified copy of this order before the Tehsildar, Sadar, Ballia on or before 10.05.2018. The Tehsildar, Sadar, Ballia subsequent thereto shall make necessary demarcation as required under communication dated 20.03.2017 within a period of four weeks subsequent thereto.
Till demarcation or within a period of five weeks after presenting a certified copy of this order whichever is earlier, respondents-Avas Vikas Parishad shall not demolish the construction said to be made by the petitioner, if not already demolished.
Order Date :- 30.4.2018 Shubham .
(Jayant Banerji,J.) (Govind Mathur,J.)