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Udai Pratap Singh & Anr. vs State Of U.P. Thru Prin. Secy. ...

High Court Of Judicature at Allahabad|27 August, 2019

JUDGMENT / ORDER

Hon'ble Manish Mathur,J.
(Oral)
1. This petition seeks issuance of a writ in the nature of mandamus directing District Magistrate, Ayodhya to consider and dispose of representation placed on record as Annexure-8 made by the petitioners.
2.It has been pleaded that there is a public chak road leading to land comprised in gata No.1611, village Ramnagar Dhauraha, Pargana Maglasi, Tehsil Sohawal, District Ayodhya which is in the name of brother of petitioner No.2.
It has been pleaded that the public chak road as provided in the revenue record is more than four meters wide of a length of 200 meters through land comprised in gata Nos.1568 and 1585. However, residents of the area who are influential and undesirable kind of people have been encroaching thereon.
The petitioners earlier made a representation to the Tehsildar. The wrong was corrected and the chak road was restored. However, a permanent solution to the problem is required to be provided by showing indulgence by the District Magistrate.
It has been pleaded that in this regard, representation has been made to the District Magistrate placed on record as Annexure-8 dated 7.5.2019.
3. Considering the nature of the issue and the fact that revenue record has been placed on record, we are of the view that such issues/skirmish lead to law and order problem and multiplicity of litigation(s). In such circumstances, it is appropriate for the authorities concerned to take note of the issues raised by the public at large, address the issues and resolve them. In case a chak road has been provided in the revenue record, it becomes the duty of the revenue officers to ensure that it is maintained as such.
For the reasons given above, we deem it appropriate to direct District Magistrate, Ayodhya to take representation of the petitioner, Annexure-8 into account and pass appropriate orders as required by law, and as warranted by facts and circumstances on ground.
4. Ordered accordingly.
We, however, make it clear that we have not adjudicated as to whether in fact, there is a chak road provided in the revenue record or not. It would be for the District Magistrate to have an enquiry conducted in the revenue records and come to logical and reasonable conclusions.
5. Let a decision on the representation be taken within six weeks from today.
6. In view of the above, the petition is disposed of.
Order Date :- 27.8.2019 kkb/
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Title

Udai Pratap Singh & Anr. vs State Of U.P. Thru Prin. Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 August, 2019
Judges
  • Ajai Lamba
  • Manish Mathur