Rajendra Tiwari v. State of U.P. and 4 Others

Court No. - 40 Case :- WRIT - C No. - 35653 of 2023 Petitioner :- Rajendra Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arvind Prabodh Dubey Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

1.Heard learned Counsel for the petitioner and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State respondents.

¶2In pith and substance the grievance of the petitioner is that the respondent no.5 along other miscreants is trying to encroach upon his property. In this regard, the petitioner has moved a representation before the second respondent, which has not been processed till now.

¶3Learned counsel for the petitioner has confined his prayer that his representation may be processed by the competent authority.

¶4Learned Standing Counsel states that in case, the petitioner files an appropriate application before the competent authority ventilating his grievance, the same would be considered as per law.

¶5No useful purpose will be served in calling for the counter affidavit and keeping the writ petition pending.

¶6Considering the facts and circumstances of the case, without going into its merit, the writ petition is disposed of permitting the petitioner to file a fresh application before the Sub-Division Magistrate concerned within a period of two weeks from today ventilating his grievance. In case, any such application is filed, we hope and trust that the same may be processed by the third respondent expeditiously, as per law, preferably within a period of next four weeks but certainly after affording opportunity to all Stakeholders. Order Date :- 31.10.2023 S.P. High Court of Judicature at Allahabad