In a PIL alleging illegal construction over government land, the Court disposed of the petition by directing the petitioner to make a fresh representation to the District Panchayat Raj Officer for fresh consideration within three weeks.
Petitioner permitted to move fresh representation to District Panchayat Raj Officer within three weeks.
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Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 70 of 2022
Petitioner :- Mohd. Rahis Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 5 and Sri Pankaj Kumar Gupta,, learned counsel for the respondent No.6 & 7.
The petitioner has preferred the present Public Interest Litigation (P.I.L.) with the following prayer:-
"(i) issue a writ, order or direction in the nature of Mandamus directing the respondent No.1 to 5 to take necessary action against illegal construction of Panchayat Bhawan and Public Toilet by respondent No.7 over Gata No.328, which is Navin Parti in village-Pedariya, Gram Panchayat Pedariya, TappaGaur, Pargana-Basti Pashchim, Block-Gaur, Tehsil-Harraiya, District-Basti and the same has not been reserved for Panchayat Bhawan within stipulated period."
It is argued by P.K. Gupta, learned cousnel for respondent Nos.6 and 7 that as per letter dated 16.10.2020, copy of which is appended as Annexure No.3 to the petition,it is clear that the petitioner himself is ex-Pradhan but this fact has been concealed by the petitioner while filing the present P.I.L.
On the other hand, it is aruged by learned counsel for the petitioner that on the compliant made by the petitoner dated 02.12.2021, proceedings were initiated by the District Panchayat Raj Officer, Basti by writing a letter dated 02.12.2021 to the Assistant Development Officer (fPanchayat) Block Gaur Basit, copy of which is appended as Annexure No.5 to the present P.I.L. It is argued that in spite of the fact that certain directions were given by District Panchayat Raj Officer, Basti but till date, the aforesaid order has not been complied with. Heard learned counsel for the parties and perused the record.
Heard learned counsel for the parties and with the consent of learned counsel for the parties, the present P.I.L. has been disposed of permitting the petitioner to move a fresh representation along with a copy of this order ventilating all his grievances before the District Panchayat Raj Officer, Basti within a period of
three weeks from today. If such a representation is made, the District Panchayat Raj Officer, Basti will look into the matter and pass appropriate order considering the direction given by him in its earlier letter dated 02.12.2021 on the same strictly in accordance with law within a period of three months thereafter, if there is no legal impediment and after providing opportunity of hearing to all the parties concerned. Order Date :- 22.3.2022 saqlain
Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.03.23 09:45:50 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to entertain a PIL regarding alleged illegal construction of Panchayat Bhawan and Public Toilet.
Whether directions issued by the District Panchayat Raj Officer were complied with.
Mohd. Rahis
State Of U.P.
6 Others
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
