Court No. - 36
Case :- WRIT - A No. - 18853 of 2019 Petitioner :- Soumen Banerjee Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Pankaj Agarwal Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents.
Petitioner is before this Court assailing the validity of order dated 30.09.2019 whereby, allotment has been made in favour of respondent no.9 namely Shri Atul Kumar Pandey as well as order dated 18.11.2019, whereby, petitioner was informed that his allotment order has already been cancelled and the same has been allotted to respondent no.9.
The matter was taken up on 28.11.2019 and this Court has asked Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel to seek necessary instruction in the matter.
On the matter being taken up today, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has produced the instruction dated 28.11.2019 sent by City Magistrate, Prayagraj mentioning therein that an enquiry has been conducted in the matter by the Tehsildar concerned, wherein, it is found that petitioner is not residing in the premises in question and is living with his family members in rented accommodation at Kalindipuram, Prayagraj. Even the said premises has been sublet to one Sameer Khan, which is reflected from the registration certificate issued to him mentioning therein the address of premises in question.
Considering the facts and circumstances of the case, in the interest of justice, with the consent of parties, the writ petition is disposed of asking the District Magistrate, Prayagraj to ensure impartial enquiry in the matter by the officer not below the rank of Sub Divisional Magistrate and thereafter pass appropriate order on the basis of report so submitted by the officer concerned, preferably within ten days after according opportunity of hearing to all the stake holders in the matter. It is made clear till finalization of the said proceeding, no coercive action shall be taken against the petitioner.
Order Date :- 29.11.2019 A. Pandey