Shiv Kumar Shastri Vs State of U.P. Thru. Prin. Secy., Home Deptt., Lucknow and Others — Allahabad HC (2024) — LawSathi Research

Shiv Kumar Shastri Vs State of U.P. Thru. Prin. Secy., Home Deptt., Lucknow and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage without entering into merits; liberty granted to the petitioner to prefer a fresh representation to the District Magistrate, Bahraich within 10 days, with a direction that such representation be considered and disposed of by speaking and reasoned order, strictly in accordance with law, preferably within 3 months of receipt of the certified copy of the order.

Issue for consideration

Whether a writ of mandamus should issue commanding opposite parties nos. 2 to 5 to remove the encroachment over the public path on gata Nos. 62 and 72 and provide free and fluent passage to the petitioner and villagers, in pursuance of the A.D.M. (F/R) direction dated 12.05.2017. +1 more

Ratio / Principle

Notices to opposite party nos. 6 to 18 are dispensed with in view of the proposed order.

Key takeaways

Without entering into the merits of the issue, the writ petition is disposed of finally at the admission stage, granting the petitioner liberty to prefer a fresh representation to the District Magistrate, Bahraich (opposite party no. 2) within 10 days, taking all available pleas and grounds and enclosing the earlier representation dated 08.05.2024 and other relevant documents.ratio¶13
If such fresh representation is preferred, the competent authority shall consider and dispose of it by a speaking and reasoned order, strictly in accordance with law, with expedition, preferably within a period of 3 months from receipt of the certified copy of the order.ratio¶13

Detailed headnote1 paragraphs

Shiv Kumar Shastri v. State of U.P. and Others, WRIT - C No. 5429 of 2024 (Neutral Citation 2024:AHC-LKO:43759), decided on 21.6.2024 by Hon'ble Rajesh Singh Chauhan, J., High Court of Judicature at Allahabad, Lucknow Bench. The petitioner sought mandamus (i) directing opposite parties nos. 2 to 5 to remove encroachment over the public path on gata Nos. 62 and 72 in pursuance of the A.D.M. (F/R) direction dated 12.05.2017, and (ii) directing consideration of his representation dated 08.05.2024 addressed to the Hon'ble Chief Minister, Govt. of U.P., including protection of life and liberty from the private respondents. Without entering into the merits, the Court disposed of the writ petition finally at the admission stage: liberty was given to file a fresh representation to the District Magistrate, Bahraich (opposite party no. 2) within 10 days enclosing the earlier representation and relevant documents, and the competent authority was directed to consider and dispose of such representation by a speaking and reasoned order, strictly in accordance with law, preferably within 3 months of receipt of the certified copy of the order. Notices to opposite party nos. 6 to 18 were dispensed with.

Neutral Citation No. - 2024:AHC-LKO:43759

Court No. - 2

Case :- WRIT - C No. - 5429 of 2024

Petitioner :- Shiv Kumar Shastri

Respondent :- State Of U.P. Thru. Prin. Secy., Home Deptt., Lucknow And Others Counsel for Petitioner :- Shiv Pal Singh,Ambrish Kumar Counsel for Respondent :- C.S.C.

Hon'ble Rajesh Singh Chauhan,J.

Heard Shri Shiv Pal Singh, learned counsel for the petitioner, Ms. Deepshikha, learned Chief Standing Counsel-II for the State-respondents.

In view of the proposed order, notices to opposite party nos.6 to 18 are hereby dispensed with.

By means of this petition, the petitioner has prayed following reliefs:-

"[I] Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties no. 2 to 5 to remove the encroachment over the public path on gata No. 62 and 72 and provide free and fluent passage to the petitioner and villagers in pursuance of direction issued by A.D.M. (F/R) dated 12.05.2017, in the interest of justice.

[II] Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties no. 2 to 5 to consider the representation of the petitioner dated 08.05.2024 and issue direction to the opposite parties nos. 2 to 4 to save the life and liberty of the petitioner and his family from the private respondents, who are land mafia, as contained in Annexure No. 7 to this writ petition, in the interest of justice."

Attention has been drawn towards Annexure No.7, showing representation of the petitioner dated 08.05.2024 preferred to Hon'ble Chief Minister, Govt. of U.P., Lucknow to submit that the aforesaid representation is pending consideration before the authority concerned, therefore, the direction may be issued to dispose of the aforesaid representation within time.

Be that as it may, since the petitioner has prayed innocuous prayer that the direction may be issued to the competent authority to dispose of the representation of the petitioner, therefore, without entering into the merits of the issue, I hereby dispose of this writ petition finally at the admission stage, giving liberty to the petitioner to prefer a fresh representation to the District Magistrate, Bahraich i.e. opposite party no.2, taking all pleas and grounds which are available to him enclosing therewith a copy of his earlier representation and other relevant documents which are necessary for disposal of the representation of the petitioner, within a period of 10 days from today and if such representation is preferred by the petitioner, the same may be considered and disposed of by speaking and reasoned order, strictly in accordance with law with expedition, preferably within a period of 3 months from the receipt of certified copy of this order.

Order Date :- 21.6.2024 Mohd. Sharif

Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench