Single judge dismissed a writ petition seeking removal of illegal encroachment on allotted land. The court declined to examine merits, directing the petitioner to file a proper application before the SDM. The petition was disposed of.
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Court No. - 30 Case :- WRIT - C No. - 38580 of 2018 Petitioner :- Ram Khelavan @ Khelavan Respondent :- State Of U P And 12 Others Counsel for Petitioner :- Ajai Kumar Malviya Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents no. 1 to 5 and Sri Manoj Kumar Yadav, learned counsel for the Gaon Sabha and have perused the record.
Present petition has been filed with a prayer to direct the respondent no. 3 and 4 to get removed illegal encroachment of Gata No. 263 Plot No. 21, Area 250 sq. meter situated at village Mugrabadshahpur Road, Prathmik Vidhyalaya, Baharpur, Kalan Unchagaon, Balwarganj, District Jaunpur which was allotted to the petitioner for Abadi purposes from respondent no. 7/1 to 7/6. A further prayer has been made to direct the respondent no. 4 to comply with the order dated 10.12.2017 passed by the Sub Divisional Magistrate, Machhalishahar District Jaunpur.
Learned counsel for the petitioner has drawn attention to the direction of the Sub Divisional Magistrate dated 10.12.2017 in support of his argument.
I find that about a year has passed since that direction was issued and it is not known what is the current status. From perusal of the record, it appears that private respondents are also claiming their right over the property in dispute.
Be that as it may, learned Standing Counsel appearing for the respondents states that the grievance of the petitioner can first be looked into by the respondent no. 3-Sub Divisional Officer/S.D.M. Machhalishahar, District Jaunpur. For this purpose, the petitioner may file a fresh representation/proper application before the said respondent.
In view of the aforesaid, without going into the merits of the claim of the petitioner, this petition stands disposed of with liberty to the petitioner to file a fresh representation/proper application before respondent no. 3 along with certified copy of this order, which shall be considered and decided by the respondent no.3 on its own merit after putting the private respondents to notice, preferably within a period of three months from the date of filing of such representation.
It is further made clear that if the petitioner has a statutory remedy for redressal of his grievance, the authority is at liberty to ask the petitioner to avail the same.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 28.11.2018 Abhishek
Ram Khelavan
State Of U P
Vivek Kumar Birla
As recorded by the court registry
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