Court No. - 19
Case :- WRIT - C No. - 28440 of 2021 Petitioner :- Suraj Pal Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Vinod Kumar Yadav,Birendra Pratap Yadav Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Shri Vinod Kumar Yadav, learned counsel for petitioner submits that earlier, notice was issued on 6.7.2018 by the respondents for removal of encroachment against petitioner. Petitioner has approached this Court by way of filing Writ C No.26679 of 2018 (Suraj Pal Singh vs. State of U.P. and another) and the same was disposed of, vide order dated 7.8.2018. The operative part of the said order is reproduced hereinafter :-
"In our considered opinion, if the petitioner submits a detailed representation within a week annexing all such material as has been placed before us, before the Assistant Engineer, Public Works Department, Rampur, the said Officer will look into the material placed before him by the petitioner and pass a reasoned order dealing with all the objections raised by the petitioner within a period of six weeks from the date of submission of such representation. For a period of two months or till decision on the representation of the petitioner, whichever is earlier, no coercive measures will be taken against the petitioner for vacating the premises in question.
The petition stands disposed of in above terms."
Learned counsel further submits that in pursuance of the said order, a representation dated 18.8.2018 was sent by the speed post to the concerned authority, however, till date, the same has not been decided. He further submits that meanwhile, a fresh notice was issued by the respondents authorities on 9.8.2021 for removal of encroachment or in default to suffer the proceedings under the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972. Thereafter, petitioner filed the contempt petition, however, it was dismissed as not pressed on 1.10.2021. Now, the present writ petition is filed challenging the notice issued on 9.8.2021. He next submits that without deciding the representation of petitioner, impugned notice has been issued and action has been proposed without giving an opportunity to file objection.
From the above facts, it is evident that petitioner has not pursued his case before the concerned authorities and went into slumber after submitting his representation on 18.8.2018 by way of speed post even record of tracking has not been placed before this Court along with this writ petition. Petitioner has not filed any reply to the impugned notice wherein action has been proposed against the petitioner under the Act of 1972.
Considering the facts and circumstances of present case, this writ petition is disposed of with liberty to petitioner to file an objection to the impugned notice and an opportunity is also granted to him to approach the authorities concerned in person by way of an application along with the order passed on 7.8.2018 as well as a copy of this order, within a period of two weeks. The Authorities concerned will consider the same and pass an appropriate order after affording opportunity of hearing to all concerned parties, expeditiously, in accordance with law.
Order Date :- 29.10.2021 Rishabh
[Saurabh Shyam Shamshery, J.]