Court No. - 29
Case :- WRIT - C No. - 40370 of 2019 Petitioner :- Sanjay Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Arvind Prabodh Dubey, learned counsel for the petitioner and learned Standing Counsel.
The dispute raised in this writ petition is regarding House No.69 Singadiya in District Gorakhpur. The petitioner alleges that the aforesaid house is an old construction but the respondents in order to widen the road is illegally trying the demolish the same and dispossess the petitioner. No part of the said house encroaches upon any public land and that till date no notice or opportunity of hearing has been accorded to the petitioner before declaring the said land to be an encroachment on the Government property.
The petitioner in this connection has represented to the District Magistrate, but with no effect.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with liberty to the petitioner to submit a comprehensive representation before the District Magistrate, respondent no.2 within a period of two weeks from today. In case any such representation is filed, the District Magistrate will examine the matter and after verification of the facts pass a speaking order on the aforesaid representation of the petitioner in accordance with law, most expeditiously, preferably within a period of six weeks thereafter before proceeding any further in the matter.
Order Date :- 20.12.2019 C. MANI