Shashi Kala v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 30441 of 2023 Petitioner :- Shashi Kala Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Bihari Pandey Counsel for Respondent :- C.S.C.,Adarsh Bhushan Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Mr. Pradeep Tiwari, learned Advocate, holding brief of Mr. Awadh Bihari Pandey, learned counsel for the petitioner and Mrs. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondents.

¶2By means of the instant petition, petitioner has prayed for following principal reliefs:- "(i) Issue a writ, order or direction in the mandamus commanding and directing the respondent Nos.2 and 3 to pay the compensation to the petitioner in respect of the house No.17/40 Maik Robertganj, Lal Imli, Servant Quarter, Kanpur Nagar as acquired for metro rail.

(ii) Issue a writ, order or direction in the mandamus commanding and directing the respondent No.2 to decide the representation of petitioner dated 03.07.2023 within stipulated period which is pending before the respondent No.2 (Annexure No.2 to the writ petition)."

¶3Learned Additional Chief Standing Counsel fairly states that in case petitioner moves a fresh representation at the earliest before the Competent Authority, definitely the same would be considered expeditiously.

¶4In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration. The writ petition, on consent, is disposed of asking the petitioner to move a fresh representation ventilating all his grievance before the District Magistrate, District-Kanpur Nagar, respondent no.2. In case any such representation is moved by the petitioner within ten days, we hope and trust that the said representation would be considered on merit by the Competent Authority, who must accord audience to the parties having stake in the matter and only thereafter decide the said representation expeditiously, preferably within six weeks. Suffice to indicate that the Court has not adverted on the merits of the case. Order Date :- 16.10.2023 Sachin High Court of Judicature at Allahabad