Court No. - 21
Case :- WRIT - B No. - 1064 of 2021 Petitioner :- Vineet Singh And Others Respondent :- State Of U.P.And Others Counsel for Petitioner :- Jai Shankar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri Jai Shankar Pandey, learned counsel for the petitioners, learned Standing Counsel, who represents respondent nos. 1 to 4 and perused the record.
Instant writ petition has been filed by the petitioners beseeching writ of mandamus commanding respondents to take appropriate action on application dated 08.06.2021 (Annexure No.1) of the writ petition.
It is averred in the writ petition that crops are standing over the land of unit, situated in village Jamaitha, Tahsil Sadar, District Jaunpur and certain proceeding are still pending under the U.P.C.H. Act before the authority concerned, therefore, the delivery of possession in unit should be deferred for some time. It is also averred that with respect to the grievance of the petitioner they have move representation dated 08.06.2021 (Annexure No.1) before the District Magistrate, but aforesaid representation is still pending for disposal.
Per contra, learned Standing Counsel submits that more than 80% delivery of possession has already been taken place in the unit and remaining delivery of possession will also be done in accordance with law as provided under section 28 of U.P.C.H. Act and rule 55 of UPCH Rules.
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 District Magistrate, Jaunpur(respondent No.2), before whom representation/application dated 08.06.2021 is pending disposal, to decide the same in accordance with law as provided under U.P.C.H. Act. expeditiously, preferably, within the period of three months from the date in receipt of copy of this order.
The petitioner shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 12.8.2021 VKG Digitally signed by Justice Dinesh Pathak Date: 2021.08.12 17:40:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad