M/S Tayal Steel Rolling Mill Vs State of U.P. and 3 Others

Court No. - 21

Case :- WRIT - C No. - 43466 of 2018

Petitioner :- M/S Tayal Steel Rolling Mill Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan

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Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.

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The petitioner has instituted this writ proceeding for a direction upon the respondents not to demolish the petitioner's construction. The principal relief, amongst other, sought in the writ petition is extracted below:

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" i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents not to demolish the petitioner's premises/ construction situated at Soraon Gate, Kasganj without adopting the process of law."

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We had asked the learned Standing Counsel to seek instruction in the matter. He has received the instruction.

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On the basis of instruction learned Standing Counsel submits that the petitioner has raised a boundary wall over the public land.

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Learned counsel for the petitioner submits that the matter has already been settled in favour of the petitioner upto the Supreme Court.

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Since the matter needs determination of the disputed question of fact, we are of the view that the District Magistrate, Kasganj, the second respondent, may consider the cause of the petitioner at the first instance and pass the reasoned order after furnishing opportunity to the petitioner and the third and fourth respondents i.e. Executive Engineer, P.W.D., Kasganj and Nagar Palika Parishad, Kasganj. The said exercise be

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undertaken expeditiously, preferably within two months from the date of communication of this order.

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With the aforesaid observations, the writ petition stands disposed of.

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Order Date :- 27.3.2019 SKT/-

M/S Tayal Steel Rolling Mill v. State of U.P. and 3 Others

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M/S Tayal Steel Rolling Mill v. State of U.P. and 3 Others

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