Court No. - 21
Case :- WRIT - C No. - 37617 of 2008 Petitioner :- Sultan Ahmad Respondent :- State Of U.P. And Others Counsel for Petitioner :- Abhishek Mayank Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The grievance of the petitioner is that some unsocial elements have grabbed the land of the pond but the authorities concerned have not taken any steps against the said illegal activity.
We have perused the material on the record.
The Supreme Court in the case of Hincn Lal Tiwari Vs. Kamala Devi and others (2001) 6 SCC page-496, has issued a direction to all the State Governments to restore the ponds to their original status. The said judgment has been consistently followed. This Court has also in large number of the writ petitions have issued directions to the State Government for compliance of the law laid down by the Supreme Court.
In view of the above, we dispose off the writ petition with liberty to the petitioner to make a representation to the District Magistrate for redressal of his grievance. In the event any such representation is made by the petitioner within one month form today, same shall be considered by the District Magistrate, expeditiously in accordance with law, after furnishing opportunity to the persons who are alleged to have taken the possession of the pond.
Needless to say, we do not express any opinion on the merits of the case. The District Magistrate concerned shall pass the order independently.
Order Date :- 28.1.2019 Hasnain