Hari Shankar Singh Vs State of U.P. and 5 Others

Court No. - 75

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1501 of 2020

Petitioner :- Hari Shankar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Raju Singh,Prathamesh Upadhyay Counsel for Respondent :- C.S.C.,Azad Rai

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

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By means of this writ petition, petitioner has prayed for the following reliefs:-

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(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 to 4 to get removed the illegal encroachment over Arazi No.35 (Gul/Nala) which belongs to Gram Sabha so that water from Semara Rajwaha Canal could reach to Arazi No.291 (pond) and 293 (pond) through Nala/Gul on Arazi No.35 for benefit of villagers and animals.

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The sole grievance of the petitioner is that the petitioner seeks removal of the illegal encroachment over Arazi No.35 (Gul/ Nala) which belongs to Gram Sabha. In this regard the petitioner moved a representation dated 07.04.2019 before respondent no.2, which is pending consideration. He prayed that a suitable direction may be issued to state respondents to decide his pending representation.

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Learned counsel for the respondents has no objection to the prayer made by the counsel for the petitioner.

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Considering the facts and circumstances of the case, with the consent of the parties, without commenting on the merits of the case, the petition is disposed of with a direction to respondent no. 2 i.e. District Magistrate, Mirzapur to consider and decide the representation of the petitioner dated 07.04.2019, in accordance with law within a period of two months from the date of production of a copy of this order.

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Order Date :- 17.12.2020 C. MANI

Hari Shankar Singh v. State of U.P. and 5 Others

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Hari Shankar Singh v. State of U.P. and 5 Others

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