Writ petition seeking injunction against demolition and eviction of a shop alleged to be on public land. Court issued notice to the Tehsildar and disposed of the matter without expressing an opinion on merits.
Petitioner directed to appear before the Tehsildar with objections to the encroachment notice.
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Court No. - 32
Case :- WRIT - C No. - 22339 of 2019
Petitioner :- Mukesh Kumar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Vidya Bhushan Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, interalia, for the following relief:
"I. Issue a writ, order or direction in the nature of mandamus direct the respondents particularly respondent no. 2 District Magistrate Rampur not to demolish the shop owned by the petitioner. And further not to dispossess/evict from the shop in question situated in Mohalla/Village Patwai Tehsil Shahabad, District Rampur with the boundaries East-shop of Dr. Faheem, West-shop of Smt. Shanti Devi, North-Road (Patwai Milask Road), South-Govt. Hospital."
Learned Standing Counsel, on the basis of the instructions received, has stated that the notice dated 22.05.2019 was issued to the petitioner indicating that on the basis of the enquiry so made by the Tehsildar, the land in dispute, which is being encroached by the petitioner, is a public land. It has been further stated that the petitioner refused to receive the said notice.
Learned Standing Counsel has served the copy of the notice dated 22.05.2019 to the learned counsel for the petitioner.
Be that as it may, the petitioner is directed to appear before the respondent no. 3- Tehsildar, Tehsil Shahabad, District Rampur on 13th
August, 2019 at 11 AM along with his objection to the said notice. In case, such objection is filed by the petitioner before the respondent no. 3- Tehsildar, Tehsil Shahabad, District Rampur, the said authority shall look into the matter and pass appropriate order in accordance with law.
With the aforesaid observation, this writ petitioner is finally disposed of.
It is made clear that this Court has not expressed any opinion with regard to the merit of the case. The authority concerned shall consider the matter on its own merits.
Order Date :- 30.7.2019 Arun
2 issues framed by the court
Whether the court should interfere with the proposed demolition of the petitioner's shop.
Whether the petitioner should be directed to appear before the Tehsildar regarding the encroachment notice.
Mukesh Kumar
State Of U P
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
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