Rasida Begam v. State of U.P. and 5 Others

Court No. - 40 Case :- WRIT - C No. - 39024 of 2023 Petitioner :- Rasida Begam Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arun Kumar Bajpai Counsel for Respondent :- CSC Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Shri Arun Kumar Bajpai, learned counsel for the petitioner and Shri F.A. Ansari, learned Standing Counsel for the State-respondents.

¶2The petitioner has prayed for the following reliefs :- "(i) issue a writ, order or direction in the nature of mandamus directing the respondents to decide the application of the petitioner dated 27.10.2023 within stipulated time.

(ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful construction work of the petitioner on the land of petitioner."

¶3The petitioner who claims to be wife of Karim Baksh and daughter-in-law of late Shabbeer S/o Ali Hasan, in whose favour, certain piece of land was allotted in the year 1998 for housing purpose Gata No. 275/0.3060 hectare which is recorded as public utility land (Naveen Parti), out of which, 0.0120 hectare was allotted in favour of late Shabbeer in the year 1998. Once the petitioner's husband tried to raise construction over the leased land, the respondents who are arrayed as respondent nos. 3 to 6 had intervened and accordingly, she moved the detailed representation to the Sub-Divisional Magistrate, Bindki, Fatehpur who has duly endorsed the said objection/complaint on 08.02.2023 which is also brought on record in the paper-book at page-29.

¶4Learned counsel for the petitioner is confined his prayer that the grievance of the petitioner is to be redressed in accordance with law.

¶5Considering the facts and circumstances, we are not inclined to keep the matter pending consideration. With the consent of counsel for the parties, the writ petition stands disposed of directing the Sub-Divisional Magistrate, Fatehpur to look into, examine and redress the grievance of the petitioner in accordance with law expeditiously, preferably within a period of four weeks from the date of production of certified copy of this order, but certainly after giving an opportunity of hearing to all the stakeholders in the matter, specially respondent nos. 3 to 6. Order Date :- 12.12.2023/ Rama Kant High Court of Judicature at Allahabad