Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 748 of 2021 Petitioner :- Shiv Kumari Chauhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- M.S. Chauhan Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 4 and perused the record.
Present wit petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) for quashing the order of resumption dated 01.02.2021/02.02.2021 passed by the District Magistrate, Ballia (Annexure 3 to the writ petition).
Grievance of the petitioner is that land, which is used for religious purposes, has been resumed by the District Administration. It is further submitted that with respect to land in question initially a lease, which was granted in favour of some persons, has been cancelled vide order dated 31.05.1997, considered the religious importance of the land in question. It is further submitted that several other vacant land are available in the village, which can be resumed for the purposes as assigned in the resumption order.
There is no justification to interfere in order of resumption which is passed on administrative side considering the public convenience and welfare. Accordingly, his prayer to quash the resumption order is hereby rejected.
However, petitioner is at liberty to move a fresh representation, qua his grievance, as mentioned in this petition, within period of three weeks from today, along with copy of this order before the District Magistrate, Ballia (respondent no.2), who shall consider the representation and decide the same, either by himself or through any other competent authority, in accordance with law expeditiously, preferably, within the period of three months from the date in receipt of the aforesaid representation.
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 :- 30.7.2021 Manish Himwan