Court No. - 33
Case :- WRIT - C No. - 19866 of 2019 Petitioner :- Smt. Saira Bano Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mansoor Ahmad,Zafar Ahmad Counsel for Respondent :- C.S.C.,Pramod Kumar Singh Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondent no.1; and Sri Pramod Kumar Singh for the respondents 2, 3 and 4.
Considering the nature of the order that we propose to pass, we do not consider it necessary to issue notice to the respondent no.5 as it would only delay the matter.
The grievance of the petitioner is that the Nagar Nigam, Prayagraj has allotted an area for construction of toilet under the Smart City Project. It is the claim of the petitioner that the said area of land is private property of the petitioner in respect of which a suit is also pending and an injunction is operating.
Attention of the Court has been invited to page 19 of the paper book to demonstrate that Suit No.376 of 2017 has been instituted by the petitioner against Smt. Nazma Bano.
On a pointed query by the Court as to whether State or Nagar Nigam is party in the suit proceeding, learned counsel for the petitioner fairly stated that neither Nagar Nigam nor State is party in the suit proceeding.
Under the circumstances, the injunction order operating in the suit would not bind the respondents herein.
However, considering the nature of the dispute raised, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to file a comprehensive representation before the Municipal Commissioner (Nagar Nigam), Prayagraj (second respondent) in respect of her grievance. If any such representation is filed, Municipal Commissioner shall call for report from the concerned officials to ascertain whether the area demarcated for construction of toilet, as alleged, is private land of the petitioner or somebody else or it is public land. Thereafter, appropriate decision shall be taken after hearing the affected parties, preferably, within a period of six weeks from the date of filing of such representation.
Order Date :- 6.6.2019/AKShukla/-