Court No. - 25
Case :- WRIT - C No. - 18088 of 2018 Petitioner :- Shivraj Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Subhash Chandra Tiwari,Shri Pratap Narayan Saxena Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The petitioner aggrieved by the fact that there were certain encroachments over plot no. 460 filed a Public Interest Litigation being Public Interest Litigation No. 45882 of 2017 (Shivraj Yadav vs. State of U.P. and 6 others), wherein an order was passed that the Sub-divisional Officer was to enquire and pass orders keeping in mind the decision of the Supreme Court in 2011 (11) SCC 396 (Jagpal Singh and others vs. State of Punjab and others). Thereafter, an order was passed by the Sub-divisional Officer, Madiyahun, District Jaunpur stating that since there was a Suit No. 679 of 2017 (Jagarnath vs. Basic Shiksha Adhikari and others) pending in the Court of Civil Judge (Junior Division), Jaunpur regarding plot no. 460, he would not pass any orders. This order was passed on 15.4.2018 and has been challenged by filing the instant writ petition.
Learned counsel for the petitioner has challenged the order dated 14.5.2014 and has submitted that the suit regarding which mention has been made in the impugned order was filed with regard to plot no.459-Ga and not with regard to plot no. 460.
Learned Standing Counsel upon being confronted with the copy of the plaint which has been filed along with the Writ Petition as Annexure-4 of the writ petition could not give any satisfactory explanation as to why when the suit was with regard to plot no. 459-Ga the impugned order was passed saying that no orders could be passed when there was a litigation with regard to the plot no. 460.
Having heard the learned counsel for the parties and after having seen the relief clause of the Suit No. 679 of 2017, I am convinced that the Sub-divisional Officer, Madiyahun, District Jaunpur had erroneously passed the impugned order dated 15.4.2018 thinking that the suit was with regard to plot no. 460. A perusal of the plaint definitely shows that the suit was with regard to plot no. 459-Ga.
Under such circumstances, the order dated 15.4.2018 passed by the respondent no.3, Deputy District Magistrate, Madiyahun, District Jaunpur is quashed.
The matter is remanded back to the Sub-divisional Officer, Madiyahun, District Jaunpur, who in pursuance of the order dated 3.10.2017 passed in Public Interest Litigation No. 45882 of 2017 shall pass orders within a period of three months from the date of presentation of a certified copy of this order.
The writ petition is allowed.
Order Date :- 30.5.2018 Ashish Pd.