Court No. - 4
Case :- WRIT - C No. - 29569 of 2019 Petitioner :- Shailendra Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ganesh Mani Counsel for Respondent :- A.S.G.I.,Neeraj Dube,Rajesh Kumar Jaiswal
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, Sri Rajesh Kumar Jaiswal, learned counsel appearing on behalf of respondent no.1, Sri Neeraj Dube, learned counsel appearing for respondent nos. 2 and 3.
In view of the order proposed to be passed, notice need not to be issued to the respondent no. 4.
This writ petition has been filed with the following prayers:-
"(i) A writ order or direction in the nature of mandamus directing the respondent no. 3 to consider the representation as well as reminder dated 07.01.2019 and 03.07.2019 of the petitioner and to pay the representation of the petitioner and to pay the amount of compensation to the petitioner for his lands/property consisting of a residential house and six commercial shops situated in the north direction at the G.T. road, at Survey No. 424 Village Fardpur, Tehsil Bhogaon, District Mainpuri under the National Highways Act 1956.
(ii) A writ order or direction in the nature of mandamus directing the respondent nos. 1 to 3 not to dispossess the petitioner from his land/property comprising a residential house and six commercial shops as aforesaid, which is in his ownership, without complying the provisions of National Highways Act, 1956.
(iii) A writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of present case.
(iv) Award cost of the petition in favour of the petitioner."
After going through the averments made in the writ petition and perusing the documents appended thereto, we find for the redressal of the grievance which has been raised by the petitioner in this writ petition he has already filed representations before respondent no. 3 on 07.01.2019 and 03.07.2019, copies whereof have been brought on record as Annexure-5 and 6 to the writ petition but the same have not been decided till date.
It is contended by learned Standing Counsel that a suitable direction be issued to the respondent no. 2 to decide the petitioner's representations which have been forwarded by the respondent no. 3 before him within a specified period.
Sri Neeraj Dube, learned counsel appearing for respondent nos. 2 and 3 submitted that he has no objection to grant of the prayer made by learned counsel for the petitioner.
In view of the above, without expressing any opinion on the merits of the case, we disposed of this writ petition with liberty to the petitioner to file a fresh comprehensive representation appending thereto all the documents upon he propose to rely in support of his claim before respondent no. 3 along with certified copy of this order. In case, any such representation is filed by the petitioner before respondent no. 3 within the period indicating herein above, he shall consider and decide the same strictly, in accordance with law by a speaking and reasoned order as expeditiously, as possible preferably within a period of two months from the date of filing of such representation by the petitioner before him after affording opportunity of hearing to the respondent no. 5.
Order Date :- 26.9.2019 Swati