Court No. - 7
Case :- WRIT - C No. - 33732 of 2021 Petitioner :- Saurabh Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
At the very outset, learned counsel for the petitioner has prayed to implead Collector/District Magistrate, Azamgarh as respondent No. 5 in the present writ petition.
Learned Standing Counsel has no objection to the prayer as made by learned counsel for the petitioner.
The prayer, as made by learned counsel for the petitioner, is allowed and the petitioner is permitted to implead Collector/District Magistrate, Azamgarh as respondent No. 5 in the cause title of the writ petition during the course of the day.
Heard learned counsel for the petitioner, learned counsel for the Gaon Sabha, learned Standing Counsel representing State and perused the record.
The present writ petition has been filed, inter alia, for the following reliefs:
"a) issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 1 to take the decision in matter on the complaint of the petitioner dated 19.07.2021 as well as report of Settlement Officer of Consolidation Azamgarh dated 14.09.2021 and report of Sub Divisional Officer Budhanpur Azamgarh dated October, 2021 forthwith.
b) issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 1 to ensure the protection of disputed plots in the matter from private respondent i.e. Ram Achal Yadav for alienating the disputed plots or taking loan from Bank or any type agreement forthwith;"
It is submitted by learned counsel for the petitioner that with respect to the illegal encroachment made by Ram Achal Yadav (respondent No. 4), under the garb of some order passed by the Consolidation Court, the petitioner has moved several complaints to the authorities concerned. Taking note of the illegal encroachment made by the contesting respondents, Consolidation Officer as well as Settlement Officer of Consolidation have already submitted their reports. It is further submitted that last representation made by the petitioner is pending consideration before the District Magistrate/Collector, Azamgarh.
Learned Standing Counsel has no objection in case a direction is issued for early disposal of the representation dated 19.7.2021 (annexure No. 14).
In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to District Magistrate (respondent No. 5) before whom the aforementioned representation is pending disposal, to consider and decide aforesaid representation, either himself or through any other competent authority, as permissible under law expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order.
It is expected that it should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.
With the aforesaid direction, present writ petition is disposed of.
Order Date:- 17.1.2021 vinay