Court No. - 1
Case :- WRIT - C No. - 42300 of 2019 Petitioner :- Yogesh Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dileep Kumar Mishra,Pradeep Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri D.K. Mishra, learned counsel for the petitioner and Sri Dinesh Kumar Tiwari, learned Standing Counsel for the respondent nos.1 to 5. Perused the record.
By means of this petition under Article 226 of the Constitution of India the petitioner has sought a relief for a writ in the nature of mandamus commanding the respondent nos.3 and 4 not to permit the respondent no.6 to install the mini tubewell/borewell in plot no.478, which is adjacent to the plot of the petitioner, in which the petitioner is also a co-tenure holder and has also got his borewell installed. It is further submitted that as per the guidelines provided for the establishment of Borewell and that further provides that there has to be a distance of 200 Metres between the two borewells. In this regard he has already approached respondent no.4 vide application dated 7.12.2019 to consider the grievance and pass appropriate order, however till date no order has been passed.
Learned counsel for the respondent has no objection in case a direction is issued to the respondent no.4 to consider the grievance of the petitioner, in accordance with law.
In view of the above, the present petition is disposed of with a direction to the respondent no.4 to consider and decide the objection/ application of the petitioner dated 7.12.2019, after putting notice to respondent no.6 and giving opportunity of hearing, within a period of six weeks from the date of production of certified copy of the order.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 19.12.2019 Deepika