Court No. - 5
Case :- WRIT - C No. - 10335 of 2018 Petitioner :- Shilendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satish Mishra,Virendra Singh Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava Hon'ble Pankaj Naqvi,J.
Heard Sri Satish Mishra, learned counsel for the petitioner and Sri Rajesh Kumar, the learned Standing Counsel.
This writ petition is preferred against the orders dated 22.5.2017 and 4.1.2018 ejecting the petitioner under Section 122 of U.P.Z.A.&L.R. Act.
Learned counsel for the petitioners submits that the petitioner is in possession over Gata no.93/711 has no concern with the disputed plot, ends of justice would be met if a fresh direction is issued to the authority concerned to carry out fresh spot inspection and demarcation, subject to objections, if any, by the petitioners.
Learned Standing Counsel and learned counsel for respondent no.4 have no objection.
This writ petition is disposed of with the direction to the competent authority concern to carry out fresh spot inspection and demarcation of the plot in question, in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioner, he shall be given an opportunity to prefer objections/evidence, if any.
The orders dated 22.5.2017 and 4.1.2018 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 27.3.2018 RS