Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 674 of 2021 Petitioner :- Shankar Maurya Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Raj Nath Bhakta Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Dinesh Pathak,J.
List revised. None is present on behalf of the petitioner. Learned Standing Counsel for the respondent nos.1 to 3 is present.
Present writ petition has been filed by the petitioner with the following prayer :-
"Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to consider on the representation dated 23.06.2020 and pass legal order within stipulated period for removal of illegal encroachment and possession over the public way by the private respondents."
Representation dated 23.06.2020 (Annexure-1) reveals that it has been moved before Sub Divisional Officer, Kerakat, Jaunpur (respondent no.3) in the name of complaint that some persons have illegally encroached paved road of the village.
Grievance of the petitioner is that despite the representations dated 23.06.2020 having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent nos.5 to 10, over plot in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the application filed by the petitioner. It is thus urged that not taking any action against the encroachment over the public property amounts omission from legal obligation entrusted upon the officer concerned under the law.
Learned Standing Counsel, however, contended that the concerned S.D.O. may be directed to consider the representation of the petitioner within a stipulated period.
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 filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the writ petition, with a direction to the S.D.O., Kerakat, Jaunpur (respondent no.3), to decide the representation dated 23.06.2020 moved by the petitioner, in accordance with law expeditiously, preferably, within the period of three months from the date of production of a copy of this order.
The petitioner shall file a computer generated copy of this order downloaded from the official website of High Court, Allahabad, supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observations, this petition is finally disposed of.
Order Date :- 28.7.2021 Manish Himwan