The court disposed of a writ petition after issuing a direction to the District Magistrate to investigate the removal of illegal land possession and pass an appropriate order within three months.
Direction to District Magistrate to look into grievance and pass appropriate order within three months.
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Court No. - 18
Case :- WRIT - C No. - 14174 of 2018
Petitioner :- Nagesh Kumar Mishra Respondent :- State Of U P And 8 Others Counsel for Petitioner :- Deo Prakash Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Rajesh Kumar, learned Standing Counsel for State respondents. Shri Manoj Kumar Yadav has accepted notice on behalf of Gaon Sabha.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioner is before this Court for a direction to third respondent i.e. District Magistrate, Varanasi to take necessary steps against the respondent nos.7 to 9 ensuring removal of their illegal possession over Arazi No.174 area 0.154 hect., which is recorded as Navin Parti in revenue records situated in Village Newari, Post Jhanjhaur, Tehsil Pindara, Distt. Varanasi. It is contended that for redressal of his grievance he has already made detailed representation before third respondent on 9.6.2017 and the same may be directed to be decided within stipulated period.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of finally with a direction to third respondent to look into the grievance of the petitioner and pass appropriate order in accordance with law expeditiously and preferably within a period of three months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned.
Order Date :- 19.4.2018 SP/
2 issues framed by the court
Whether the District Magistrate should be directed to ensure removal of illegal possession over specific arazi land.
Whether the petitioner deserves redressal of his grievance regarding the land possession within a stipulated period.
Nagesh Kumar Mishra
State Of U P
District Magistrate, Varanasi
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
