Court No. - 38
Case :- WRIT - C No. - 2642 of 2010 Petitioner :- Surendra Singh & Another Respondent :- State Of U.P. & Others Counsel for Petitioner :- A.P. Tewari,A.C.Tiwari,D.S.Sharma,P.S. Sharma Counsel for Respondent :- C.S.C.,Shiva Prakash,Upendra Kumar Pushkar Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
The petitioner claims to be Bhumidhar of Plot No.523 measuring 2.5410 hectare situated in Village Bhojapur, District Chandauli. The grievance of the petitioner in the writ petition is that a statue of Dr. B.R.Ambedkar has been installed in his plot without his consent and thereby putting an hindrance on the full enjoyment over the property of the petitioner, which led to filing of this writ petition.
In this writ petition, while issuing notice to respondent no.6 and 7, who are private respondents and today are represented by Sri Vaibhav Prakash, Advocate, a counter affidavit was called from the State Authorities, pursuant whereto counter affidavit has been filed on behalf of District Magistrate in which, in paragraph 17, it has categorically been stated that the statue has been removed from Gata No.523, therefore, substantial relief has already been granted and an FIR has also been lodged against respondent nos.6 and 7.
At the present moment, all that the petitioner wants is that the debris (Malba) after removal of the statue are still lying on the plot and still has not been removed. If the petitioner tries to remove the same, he would be falsely implicated under the provisions of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned counsel appearing for respondent nos.6 and 7 submits that they have nothing to do with the issue and have unnecessarily been made a party in this writ petition.
We have considered the submissions of Sri P.S.Sharma learned counsel for the petitioner, learned Standing Counsel as well as Sri Vaibhav Prakash, learned counsel appearing for respondent nos.6 and 7.
In case the statue of Dr.B.R. Ambedkar has already been removed from Gata No.523, the debris (Malba) be also removed for which the petitioner may make an application before the District Magistrate concerned along with a certified copy of this order, who will pass appropriate order in accordance with law preferably within a period of one month from the date of filing of such application.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 26.7.2018 KA
(Shashi Kant,J.) (Abhinava Upadhya,J.)