Ramesh Kumar Maurya Vs the State of U.P. and 5 Others — Allahabad HC (2023) — LawSathi Research

Ramesh Kumar Maurya Vs the State of U.P. and 5 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Tehsildar, Tehsil Phulpur, District Azamgarh to consider and decide the petitioner's representation (Annexure No.3 to the writ petition) within six weeks from production of a certified copy of the order, and, if encroachment on the Chakmarg is found upon inquiry, to proceed in accordance with law for its removal.

Issue for consideration

Whether directions should be issued to the Tehsildar, Tehsil Phulpur, District Azamgarh to act on the petitioner's representation regarding alleged illegal encroachment by private Respondents No.5 & 6 on Gata Nos.349, 355 & 367 recorded as 'Chakmarg'. +1 more

Court's answer

The Tehsildar, Tehsil Phulpur, District Azamgarh is directed to consider and decide the petitioner's representation contained as Annexure No.3 to the writ petition within a period of six weeks from the date a certified copy of the order is produced before him.

Ratio / Principle

The petitioner's grievance regarding the encroachment on the Chakmarg can adequately be looked into by the Tehsildar, Tehsil Phulpur, District Azamgarh.

Key takeaways

If, after inquiry, the Tehsildar finds that there is encroachment on the aforesaid Chakmarg, he is to proceed in accordance with law for removal of the said encroachment.ratio¶7

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 13390 of 2023, High Court of Judicature at Allahabad, Manjive Shukla, J.) filed by Ramesh Kumar Maurya alleging that private Respondents No.5 & 6 had illegally encroached upon Gata Nos.349, 355 & 367 recorded as 'Chakmarg', causing difficulty to the petitioner and other village residents; the petitioner had earlier represented to the Tehsildar, Tehsil Phulpur, District Azamgarh on 12.01.2023. Holding that the grievance could adequately be looked into by the Tehsildar, the Court directed the Tehsildar to consider and decide the representation (Annexure No.3) within six weeks of production of a certified copy of the order, and provided that if, upon inquiry, encroachment on the Chakmarg was found, he would proceed in accordance with law for its removal. Writ petition finally disposed of (order dated 21.4.2023).

Court No. - 35 Case :- WRIT - C No. - 13390 of 2023 Petitioner :- Ramesh Kumar Maurya Respondent :- The State Of U.P. And 5 Others Counsel for Petitioner :- Girish Chandra Maurya,Om Prakash Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

Hon'ble Manjive Shukla,J.

Heard learned counsel for the petitioner, learned Standing Counsel appearing for Respondents No.1 to 3 as well as Sri Prem Bahadur Singh, Advocate holding brief of Sri Rameshwar Prasad Shukla, learned counsel for Respondent No.4.

Learned counsel for the petitioner has submitted that Gata Nos.349, 355 & 367 are recorded as 'Chakmarg' but on the said land of the Chakmarg, private Respondents No.5 & 6 have made illegal encroachments. Learned counsel for the petitioner has further submitted that due to aforesaid encroachments on the 'Chakmarg', petitioner as well as other residents of the village are facing grave difficulties.

Learned counsel for the petitioner has also invited attention of this Court towards his representation dated 12.01.2023 submitted to Tehsildar, Tehsil Phulpur, District Azamgarh through registered post whereby he has made request that adequate proceedings may be drawn against private Respondents No.5 & 6 and the aforesaid Chakmarg be restored to its original position.

I have considered the submissions advanced by learned counsel for the petitioner. I find that his grievance can adequately be looked into by Tehsildar, Tehsil Phulpur, District Azamgarh.

In the aforesaid circumstances, I hereby direct Tehsildar, Tehsil Phulpur, District Azamgarh to consider and decide the representation submitted by the petitioner contained as Annexure No.3 to the writ petition within a period of six weeks from the date certified copy of this order produced before him. It is also provided that if the Tehsildar after inquiry finds that there is encroachment on the aforesaid Chakmarg then he will proceed in accordance with law for removal of the said encroachment.

With the aforesaid, writ petition is finally disposed of .

Order Date :- 21.4.2023/R.S. Tiwari

Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad