This single-judge order mediated between the petitioner and respondents. The court directed the Sub Divisional Magistrate to decide the petitioner's representation about alleged land encroachment within two months.
Directed Sub Divisional Magistrate to decide the petitioner's representation within two months after affording hearing.
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Court No. - 51
Case :- WRIT - C No. - 38541 of 2022
Petitioner :- Janardan Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Virendra Kumar Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Virendra Kumar, learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri Bhupendra Kumar Tripathi, learned counsel appearing for the respondent no.5 and perused the record.
It is submitted by learned counsel for the petitioner that the petitioner is original tenure holder of plot no.181M situated at Village Panwara, Pargana Ghisuwa, Tehsil Machhali Shahar, District Jaunpur. It is further submitted that the respondent no.5 the Land Management Committee encroached the land of the petitioner and are trying to install the tube-well over the plot no.181M. The petitioner had already approached the respondent no.3 agitating his grievance by filing representation on 21.11.2022 which is Annexure-4 to the writ petition but till date no decision has been taken by the respondent no.3 and the application is pending since 21.11.2022.
Learned Standing Counsel as well as learned counsel for the respondent no.5 have no objection if the application filed by the petitioner dated 21.11.2022 is decided by the respondent no.3 within a stipulated period of time.
Considering the submissions of learned counsel for the parties, the Sub Divisional Magistrate, Machhali Shahar, Jaunpur/respondent no.2 is directed to consider and decide the representation of the petitioner dated 21.11.2022 expeditiously, if possible within a period of two months from the date of production of certified copy of this order, unless there is any legal impediment, after affording reasonable opportunities of hearing to the parties concerned.
With the aforesaid direction, the petition is disposed of.
Order Date :- 20.1.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether Sub Divisional Magistrate must decide the petitioner's representation regarding alleged encroachment within a stipulated period.
1 provisions across 1 enactments
Janardan Rai
State Of U.P.
Waris Ali Khan
Vivek Agrawal
Upendra Nath Mishra
Land Management Committee
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
