This bench, while not delving into the merit of the PIL regarding Gram Sabha land dispossession, directed the District Magistrate to decide the petitioner's representation within a specified timeframe, with the petition being disposed of accordingly.
Direction to District Magistrate to decide the petitioner's representation on or before 31.1.2022.
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Court No. - 50
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1901 of 2021
Petitioner :- Nijamuddin Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajai Tyagi,J.
This matter has been placed before this Bench by the order of Hon'ble the Chief Justice.
Heard learned counsel for the parties and perused the petition.
By way of this petition, the petitioner has prayed for the following relief:
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.1 to 5 to dispossess the respondent No. 6 to 18 from the Gram Sabha Land/Public land i.e. Araji No. 397/ .7858 hect. which is recorded as pathway situated at village - Aziz Nagar, Post _ Gaunaria, Tehsil - Hata, Distt. Kushinagar.
II. Issue an order or direction in the nature of Mandamus directing the respondent No.2, District Magistrate, Kushinagar to decide the representation/ complaint of the petitioner dated 19.2.2021 by passing reasoned and speaking order within stipulated period as fixed by this Hon'ble Court."
Having heard the learned counsel for the petitioners, we are inclined to grant prayer No.II.
If the representation of the petitioner dated 19.02.2021 is found genuine, Respondent No.2, District Magistrate, Kushinagar, shall decide the same on or before 31.1.2022. This petition shall also be considered as further representation pursuant to the representation made by the petitioner.
With the aforesaid direction, this petition is disposed of.
It goes without saying that we have not entered into the merit of the case.
Order Date :- 8.11.2021 DKS
1 issue framed by the court
Whether to direct the District Magistrate to decide the petitioner's representation within a stipulated period.
Nijamuddin
State Of U.P.
Dr. Kaushal Jayendra Thaker
Ajai Tyagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
