Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1553 of 2021 Petitioner :- Shyamvir Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kamalendra Kumar Maurya Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava
Hon'ble Dinesh Pathak,J.
Heard Sri Kamalendra Kumar Maurya, learned counsel for the petitioner, learned Standing Counsel represents respondent nos.1 to 4 and perused the record.
Learned Standing Counsel has filed copy of instruction dated 23.09.2021, which is taken on record.
After due deliberations at length learned counsel for the petitioner has confined his argument only with respect to prayer no.(ii), which is quoted below:-
"issue a writ or direction/order in the nature of mandamus commanding the respondents to take final decision on the application dated 19.06.2021 and 03.09.2021, filed by the petitioner."
It is submitted by counsel for the petitioner that land in question i.e. plot no.514 area 1.959 hectare, recorded as pond, which is public utility land, as evident from extract of khatauni 1428-1433 fasli (Annexure No.1). The area of the aforesaid land is being occupied by raising construction, which is illegal. It is further submitted by counsel for the petitioner that some of the villagers have filed representation dated 19.06.2021(Annexure No.2) before the Sub Division Magistrate, Tehsil Kirawali, District Agra (respondent no.3) and on 03.09.2021 (Annexure No.6) before District Magistrate(respondent No.2) which are pending disposal before them.
Learned Standing Counsel, on the basis of instruction give by the authority concerned, submits that plot no.514 is a big plot and partial of land is being used as an abadi wherein lease has been granted in favour of some persons after obtaining approval dated 06.06.1990 from the authority concerned. He has further contended that issue raised by counsel for the petitioner can appropriately be examined by the authority concerned, precisely by the Sub Division Magistrate, Tehsil Kirawali, District Agra (respondent no.3), before whom representation dated 19.06.2021(Annexure No.2) is pending disposal, which has been sought to be decide in prayer no.(ii).
Be that as it may, 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 present writ petition, with a direction to the Sub Division Magistrate, Tehsil Kirawali, District Agra (respondent no.3), who shall decide the representation dated 19.06.2021 moved by some of the villagers, which is pending disposal before him, under the relevant provisions of law as applicable, expeditiously, preferably, within a period of three months from the date of production of copy of this order.
The petitioner shall file 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 observation, present writ petition is disposed of.
Order Date :- 24.9.2021 VKG