Petitioner challenged illegal encroachment of his house by brothers and sought mandamus to open a lock. Court found ADM Administration was already examining the issue and refrained from entering merits, disposing the petition.
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Court No. - 35
Case :- WRIT - C No. - 14441 of 2020
Petitioner :- Ram Kawal Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Rajesh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant writ petition has been filed with the prayer that respondents 1 to 4 be directed to decide the representation dated 02.06.2020 made by the petitioner in respect of illegal encroachment of his house by his brothers, respondents 5 to 9 herein. The petitioner has also prayed for a mandamus commanding the State-respondents to open the lock put by the private respondents.
The case of the petitioner is that an awasiya patta was allotted in his favour and a house was constructed by him. However, his brothers have illegally trespassed into it.
We find that the ADM Administration before whom the representation was made by the petitioner has already been called for the record from the authorities and is examining the issue. We, therefore, refrain from entering into the merits of the issue but leave it open to the petitioner to pursue the application which is pending before the ADM Administration.
The writ petition stands disposed of accordingly.
Order Date :- 29.9.2020 Shahroz
(Dr. Y.K. Srivastava,J.) (Manoj Kumar Gupta,J.)
1 issue framed by the court
Whether the writ petition should be decided on merits or adjourned pending the outcome of the application before the ADM Administration.
Ram Kawal
State Of U.P.
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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