Sanjay Verma v. State of U.P. and 3 Others

Chief Justice's Court Case :- WRIT - C No. - 35264 of 2023 Petitioner :- Sanjay Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahboob Ahmad Siddiqui,Faizul Hasan Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan,Suresh C. Dwivedi Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J. Heard Sri M. A. Siddiqui, learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri S. C. Dwivedi, learned counsel for the Respondent No.4. The present writ petition has been filed seeking issuance of a writ of mandamus commanding the respondents not to interfere in the peaceful possession of the petitioner over Khewat No.159, Gata No.602 measuring area 206 sq. yard situated at Mauza Chak Awwal, Tehsil Sadar Sabzi Mandi Chipitola, District Agra. Learned counsel for the petitioner submits that the aforesaid land was purchased by his grandfather through a registered sale deed on

04.05.1963 and the name of the petitioner was also recorded in the revenue record after the death of his father. He further submits that when the petitioner was making boundary wall on the aforesaid plot on 19.06.2023, the employees of the Agra Development Authority arrived at the spot and threatened him to demolish the boundary wall. The petitioner filed representation annexing all the supporting documents before the Vice Chairman, Agra Development Authority but no action was taken by the Respondent Authority. He submits that the purpose of filing of the writ petition stand served if appropriate directions are issued to the Vice Chairman, Agra Development Authority, Agra/Respondent No.4 to pass orders on the pending representation of the petitioner dated

21.06.2023, within a time frame fixed by this Court and till such decision the respondents be directed not to take any coercive action against the petitioner. Sri S. C. Dwivedi, learned counsel for the Respondent Development Authority submits that the pending representation of the petitioner shall be decided. Considering the submissions advanced, this Court is of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly, disposed of expecting the Respondent No.4, Vice Chairman, Agra Development Authority, seized with the representation of the petitioner dated 21.06.2023, to pass appropriate orders thereon, within a period of 45 days from the date of presentation of a certified copy of the order of this Court, after considering all aspects of the matter, strictly in accordance with law. For a period of 45 days or till the decision on the petitioner's representation dated 21.06.2023, whichever is earlier, no coercive action shall be taken against the petitioner. Order Date :- 30.10.2023 pks (Ashutosh Srivastava, J) (Pritinker Diwaker, CJ) High Court of Judicature at Allahabad