Court No. - 34
Case :- WRIT - C No. - 26211 of 2019 Petitioner :- Sushil Dubey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vibhu Rai,Abhinav Gaur,Anoop Trivedi (Senior Adv.) Counsel for Respondent :- C.S.C.,A.T. Pandey,Bhagwan Dutt Pandey
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Anoop Trivedi, Senior Advocate assisted by Sri Vibhu Rai, learned counsel for petitioner, Sri Bhagwan Dutt Pandey, learned counsel for respondent no.4 and learned Standing Counsel for State.
2. It is contended that tender in question for car parking/taxi stand at Gram Panchayat, Dhuthibari has wrongly been given to respondent no.4, since he does not belong to same Gaon Sabha. On an objection filed by petitioner the Tehsildar, Nichlol, Maharajganj vide order dated 27.7.2019 has approved resolution of Land Management Committee passed on 22.7.2019, whereas the competent authority to approve resolution of Gaon Sabha is Deputy Collector i.e. respondent no.2 herein namely Sub-Divisional Magistrate, Nichlol, Maharajganj.
3. Learned Standing Counsel appearing for respondents 1, 2 and 3 did not dispute the fact that competent authority is respondent no.2, Sub-Divisional Magistrate, Nichlol, Maharajganj.
4. In view of the aforesaid and facts as noted above, we dispose of the petition with liberty to petitioner to file representation/objection before Sub-divisional Magistrate, Nichlol, Maharajganj raising his grievance and by taking all such grounds as available to him. In case such a representation/objection is filed along with certified copy of this order, same shall be decided within three weeks from the date of its receipt by speaking order after affording opportunity of hearing to all parties.
Order Date :- 22.8.2019 Ashish Pd.