Petitioner challenged construction over her land for an open drain. Court did not decide merits but directed the petitioner to make a fresh representation to the District Magistrate for expeditious consideration.
Direction to the petitioner to make a fresh representation to the District Magistrate within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - C No. - 23351 of 2019 Petitioner :- Smt. Satti Devi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Lal Chandra Mishra Counsel for Respondent :- C.S.C.,Anuj Kumar
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
The writ petition, inter alia, has been filed for the following relief :-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondents not to raise construction over the Gata No.296 measuring 0.3000 hectare situated Village Bharkhari, Pargana and Tehsil Sadar, Banda District Banda, because the respondents collected the raw material upon the plot of the Petitioner for construction of Nala (open drain).
(ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to remove of illegal construction over the Gata No.296 measuring area 0.3000 hectare situated Village Bharkhari, Pargana and Tehsil Sadar, Banda, District Banda."
Learned counsel for the petitioner has submitted that petitioner has legal possession over the Gata No.296 measuring 0.3000 hectare situated Village Bharkhari, Pargana and Tehsil Sadar, Banda, District Banda. He has further submitted that the respondent authorities, without giving any compensation are forcibly trying to construct Nala (open drain) over the land of the petitioner and illegally causing interference over the peaceful possession of the petitioner. The drainage was proposed by the Gram Pradhan as well as Block Development Officer, Badokhar Khurd, District Banda.
Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh representation before respondent No.2, District Magistrate, Banda ventilating her grievances within three weeks from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its entire annexures and, if any such representation is made, respondent No.2, District Magistrate shall make all endeavours to consider and decide the same in accordance with law expeditiously preferably within three months from the date of receipt of the said representation.
Order Date :- 19.7.2019 Rishabh
1 issue framed by the court
Whether the petitioner can be directed to approach the District Magistrate regarding the construction over her land.
Smt. Satti Devi
State Of U P
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
