- Court
- High Court of Judicature at Allahabad
- Decided
- 12 October 2023
- Case no.
- WRIC 35543/2023
Judgment
Court No. - 46 Case :- WRIT - C No. - 35543 of 2023 Petitioner :- Sharwan Verma Respondent :- State of U.P. and Another Counsel for Petitioner :- Kaushal Kishore Mani Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
¶1Petitioner is aggrieved by a notice issued by Nagar Panchayat, Partawal, District-Maharajganj dated 19.9.2023, which records that the petitioner has encroached upon land of pond and despite notices issued, the petitioner has not removed the encroachment.
¶2It is submitted that in respect of the land in question, steps were taken under Section 122 (b)of UP Zamindari Abolition and Land Reforms Act, 1950, for eviction and such proceedings were dropped. It is also submitted that a suit has also been filed, which is pending.
¶3Petition is opposed by Shri Ashok Kumar Tiwari, learned counsel appearing for the Nagar Panchayat, Partawal.
¶4In the facts of the case, various factual issues raised by the petitioner would require determination at the level of Nagar Panchayat, Partawal, at the first instance. Contention of the petitioner or the submissions advanced by the respondents that notices have been issued to the petitioner and demarcation has already been made are aspects to be examined at the level of respondent No.2, at the first instance.
¶5In that view of the matter, we dispose of this petition by permitting the petitioner to represent against the impugned notice/order dated 19.9.2023 within a period of two weeks from today. The objection so raised by the petitioner shall dealt with by the second respondent by passing a reasoned order within a further period of four weeks thereafter.
¶6In the event, representation in terms of the aforesaid liberty is submitted, the authorities shall ensure that no coercive action is taken against the petitioner till disposal of his representation. Petitioner also shall not raise any fresh constructions till then. Order Date :- 13.10.2023/LN Tripathi High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.