Advocates:
['BRIJ RAJ', 'C S C', '', 'AZAD RAI']

Court No. - 5

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2063 of

2021

Petitioner :- Ghanshyam Saroj

Respondent :- State Of U.P. And 6 Others

Counsel for Petitioner :- Brij Raj

Counsel for Respondent :- C.S.C.,Azad Rai

Hon'ble Dinesh Pathak,J.

Heard learned counsel for the petitioner, learned Standing

Counsel representing State and learned counsel for Gaon Sabha

and perused the record.

Present writ petition in the nature of Public Interest Litigation

(PIL) has been filed, inter alia, for the following relief:

"(I) Issue writ order or direction in the nature of mandamus commanding

respondents for initiate legal proceeding against Ravi Kumar Varma and

Ram Avadh Yadav, and may please to restore the property/land of Araji

No. 328Mi, 551Mi, 692Mi, 887Mi, 573Mi, 639Mi, 340Mi, 618Mi, 698Mi,

927Mi, situated at Mauja-Rajepur May Saray Arjani, Pargana-Sikandra,

Tahsil-Phulpur, District-Prayagraj, in previous position so that public

property may be protected."

While entertaining the present writ petition, this Court has

passed the following order dated on 26.11.2021:

"When the Banjar land situate over plots nos. 328Mi, 551Mi, 692Mi,

887Mi, 573Mi, 639Mi, 340Mi, 618Mi, 698Mi and 927Mi, situate at

Mauja - Rajepur May, Saray Arjani, Pargana Sikandra, Tehsil -

Phulpur, District - Prayagraj was sold by the Gaon Sabha to the

respondents no. 6 and 7, the petitioner filed a complaint.

Learned counsel for the petitioner submitted that no importance was

being given to the complaint of the petitioner.

Learned Standing Counsel to take instructions.

Place this petition as fresh on 6.1.2022."

Learned standing counsel stated that till date, no instruction

could be received from the authority concerned.

The present writ petition has been filed qua alleged

mischievous and malicious intention of Ravi Kumar Varma and

Ram Kumar Yadav, who have allegedly purchased the property

of the Gaon Sabha in contravention of provisions of law. To

protect the property, petitioner has made several representation

before the authority concerned but they have not paid any heed

to the grievances of the villagers. It is further submitted that the

Consolidator has submitted its report dated 29.1.2021 (annexure

No. 6) against the misappropriation of property of Gaon Sabha,

made by the private persons.

Learned Standing Counsel and learned counsel for the Gaon

Sabha contended that the grievance of the petitioner can

appropriately be redressed, in case, a direction is issued to the

District Magistrate (respondent No. 2) to decide the fresh

representation, if any, filed by the petitioner within stipulated

period as may be directed by this Court.

In this conspectus as above, no useful purpose would be served

to keep this matter pending, therefore, this Court deems it

appropriate to finally dispose of the present writ petition,

without considering the merits of the case as mentioned in the

present writ petition, with liberty to the petitioner to move a

fresh representation ventilating his grievances, as mentioned in

the present writ petition, before the District Magistrate

(respondent No. 2), who shall consider and decide aforesaid

representation, either himself or through any other competent

authority, after conducting enquiry in the matter, as permissible

under law expeditiously, preferably, within a period of two

months from the date of receipt of a certified copy of this order.

It is expected that it should be decided by a reasoned and

speaking order, in accordance with law, after affording

opportunity of hearing to the parties concerned without granting

unnecessary adjournments to either of the parties.

With the aforesaid direction, present writ petition is disposed of.

Order Date :- 6.1.2022

vinay