Court No. - 18
Case :- WRIT - C No. - 11380 of 2021 Petitioner :- Manager Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amitabh Tripathi,Dhananjay Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Amitabh Tripathi, learned counsel for the petitioner submits that the petitioner does not wish to press the challenge to the impugned order. He undertakes to vacate the encroachment as found in the impugned order.
The only prayer made by Sri Amitabh Tripathi, learned counsel for the petitioner is that the charges/ penalty imposed upon the petitioner may be waived since the petitioner is a poor farmer.
Considering the bona fides of the petitioner to vacate the encroachment forthwith, the matter is remitted to the respondent No. 3 Tehsildar/ Assistant Collector (first class) Tehsil Zamania, District Ghazipur to execute the following directions:
The respondent No. 3 Tehsildar/ Assistant Collector (first class) Tehsil Zamania, District Ghazipur shall consider the issue of imposition of penalty upon the petitioner considering the fact that he has voluntarily undertaken to vacate the encroachment and other relevant facts and circumstances of the case.
The writ petition is disposed of.
Order Date :- 13.8.2021 Nadeem Ahmad