Sushil Pandey v. District Magistrate , Unnao and Others

Court No. - 3 Case :- WRIT - C No. - 10683 of 2023 Petitioner :- Sushil Pandey Respondent :- District Magistrate , Unnao And Others Counsel for Petitioner :- Hanumant Lal Yadav,Smt.Aradhana Shukla Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for petitioner and learned standing counsel for State. Present writ petition is filed by the petitioner for a mandamus commanding the respondents to stop the illegal construction of wall from the road which has been constructed under 14th Finance and State Finance Scheme. Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case petitioner's application under Section 26 of U.P. Revenue Code for the aforesaid purpose is considered and decided in a time bound manner. Learned standing counsel has no objection to the same. In view thereof, petitioner is permitted to move an application under Section 26 of U.P. Revenue Code, 2006 to Tehsildar, Hasanganj, District Unnao, raising all his grievance, annexing therewith all the documents in support of his claim within a period of ten days from today along with a certified copy of this order. In case such a representation is moved by petitioner, Tehsildar, Hasanganj, District Unnao shall consider and decide the same in accordance with law by a reasoned and speaking order, after hearing all parties concerned, within a period of six weeks from the date a certified copy of this order along with representation is placed before him. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, the writ petition is disposed of. Order Date :- 11.12.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench