Court No. - 7
Case :- WRIT - C No. - 34527 of 2021 Petitioner :- Veeru Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dharmendra Pratap Singh Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned counsel for the Gaon Sabha and the learned Standing Counsel for the State.
Present writ petition has been filed for the following reliefs:-
“a). Issue a writ, order or direction in the nature of certiorari quashing the entire lease of tank proceeding in pursuance of the publication dated 22.10.2021 at Village-Jeetpur Dayal, Tehsil-Soraon, District- Prayagraj Khasara no. 212 area 0.7300 Hec. (Annexure no. 3) to this writ petition , respectably.
b). Issue a writ order or direction in the nature of mandamus commanding direct to the respondent no. 2 decide the representation dated 25.11.2021 moved by petitioner.”
After due deliberations at length, learned counsel for the petitioner has confined his arguments with respect to the prayer no. (b) only.
It is submitted that, pointing out the ambiguity in the publication of auction of pond, for fishery purposes, petitioner has moved a representation dated 25.11.2021 before the Sub Divisional Officer (respondent no. 2), which is pending consideration till date. Petitioner could not participate in the bid because of ambiguity in the publication.
Learned Standing Counsel as well as learned counsel for the Gaon Sabha have contended that the grievance of the petitioner can appropriately be considered by the respondent no. 2 and they have no objection in case the aforesaid representation is directed to be decided within a stipulated period fixed by this Court.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to the Sub Divisional Officer (Respondent No.2), before whom the representation is pending, to decide the same expeditiously, preferably, within a period of one month from the date of receipt of a certified copy of this order.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
With the aforesaid direction, present writ petition is disposed of.
Order Date :- 24.12.2021 Pkb/