Court No. - 1
Case :- WRIT - C No. - 25931 of 2020 Petitioner :- Sandeep Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Yash Chauhan,Amit Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Heard Sri S.B. Singh, learned counsel for the petitioner and learned Standing Counsel.
Petitioner has filed this petition seeking a direction to respondent no.3 i.e. Sub Divisional Magistrate, Nizamabad, Azamagarh to ensure removal of encroachment of Baha situated at east side of Khasra No.226 situated in village Husepur, Tehsil/Pargaa, Nizamabad, Azamgarh and decide the representation dated 21.08.2018 (annexure No.5 to the writ petition).
Learned counsel for the petitioner submits that there is already an order passed by the Sub-Divisional Magistrate, Nizamabad, Azamgarh to remove the encroachment of Chakroad contained on east side of Khasra No.226 in village Husepur, Tappa- Dayalpur, Pargana/ Tehsil-Nizamabad, District-Azamgarh, but no action has been taken thereafter.
It is submitted that respondent no.3 i.e. Sub Divisional Magistrate, Nizamabad, Azamgarh be directed to decide this pending representation dated 21.08.2018.
This prayer is not opposed by learned Standing Counsel for the State.
In view of such facts, this writ petition can be disposed of with a direction that in case petitioner approaches the respondent no.3 i.e. Sub Divisional Magistrate, Nizamabad, Azamgarh alongwith receipt of this order being passed today then he shall take appropriate measure so to ensure that his order dated 21.08.2018 are taken to a logical conclusion within a period of thirty days from the date of receipt of computer downloaded copy in PDF form of this order strictly in accordance with law.
In above terms, the writ petition is disposed off.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 7.1.2021 Pr/-