Harish Chandra Vs State of U.P. and 5 Others

Court No. - 34

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5193 of 2018 Petitioner :- Harish Chandra Respondent :- State of U.P. and others Counsel for Petitioner :- Arun Kumar Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for parties and perused the record.

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This writ petition has been filed as a Public Interest Litigation alleging that respondent-6 is Chairman of Nagar Palika Parishad, Pukharaya and is indulged in illegal activities of encroachment etc. of public land for the benefit of himself or his favorites and despite the complaint made to District Magistrate, no inquiry or action has been taken since all the authorities are acting in the collusion.

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In our view, if people representatives holding high offices are indulged in such activities, when complaint is made, Executive authorities competent to look into the matter must look into such complaints and hold fact finding inquiry to satisfy the correctness of such complaints.

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In these facts and circumstances, we direct the District Magistrate, Kanpur Dehat to conduct a fact finding inquiry whether allegations made by petitioner are correct or not and in case such complaint and allegations are found correct, District Magistrate shall take corrective and remedial steps and also penal actions against such erring persons but in case complaint/allegations of petitioner are found incorrect in the inquiry made by District Magistrate, this writ petition shall be deemed to have been dismissed with cost of Rs. 50,000/- and the District Magistrate shall be at liberty to recover the said amount as arrears of land revenue if not paid otherwise. The aforesaid inquiry shall be completed within three months from the date of production of certified copy of this order.

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The writ petition is disposed of.

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Order Date :- 17.1.2019 PS

Harish Chandra v. State of U.P. and 5 Others

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Harish Chandra v. State of U.P. and 5 Others

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