Arshad Ali and 2 Others v. State of U.P. and 5 Others

Court No. - 40 Case :- WRIT - C No. - 35907 of 2023 Petitioner :- Arshad Ali And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sachin Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Shri Sachin Kumar Sharma, learned counsel for the petitioners, Shri Devesh Vikram, learned Additional Chief Standing Counsel appearing for the State-respondents.

¶2By means of the present writ petition, the petitioners have prayed for a direction in the nature of mandamus directing/commanding the respondent nos. 2, 3 and 4 to provide protection for making construction on the land of Gata No. 459(Kha) of the petitioners, situated in Village-Sisarka, Tehsil-Bisauli, District-Budaun (which was purchased through registered sale-deed dated 19.09.2020).

¶3In pith and substance, petitioners are before this Court with a prayer that their applications may be decided expeditiously.

¶4Learned Additional Chief Standing Counsel very fairly submits that, in case, any such application is pending, the same would be decided by the concerned authority.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent of counsel for the parties, the writ petition stands disposed of, in case, the petitioners move a fresh representation before the concerned Sub-Divisional Magistrate within a week's time, the same would be considered strictly in accordance with law, in case, there is no legal impediment, within a period of six weeks from the date of receipt of certified copy of this order, but certainly after giving opportunity to all the stakeholders in the matter. Order Date :- 17.10.2023 Rama Kant High Court of Judicature at Allahabad