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Omkar Singh Chauhan v. State Of U.P. And Others - WRIT - C No. 1216 of 2006 [2006] RD-AH 576 (9 January 2006)


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Civil Misc. Writ Petition No.1216 of 2006

Omkar Singh Chauhan


State of U.P. & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed by the Ex. Pradhan for a direction upon the respondents not to construct the building of Panchayat Ghar on the reserve land "Khalihan" of Gata Nos. 467 and 469 at village Motinagar.

We have heard learned counsel for the petitioner and the learned Standing Counsel appearing for respondents no. 1 to 4. In view the order that we propose to pass, it is not necessary to issue notice to respondent no.5.

Learned counsel appearing for the petitioner submitted that during the tenure of the petitioner, a boundary wall for the Panchayat Ghar was  constructed in the village but since the Pradhan has changed, the Pancnayat Ghar is being constructed in another village on the reserve land. He has also submitted a representation signed by number of villagers before the Block Development Officer, Block Ganj Dundwara, Tahsil Patiyali, District Etah and a copy of the same has been annexed as Annexure-5 to the writ petition.

Learned Standing Counsel appearing for the respondents has submitted that the District Magistrate, Etah shall examine the matter and pass appropriate orders and therefore this petition should not be entertained at this stage.

In view of the submissions made by learned Standing Counsel, we dispose of this writ petition with a direction that the Block Development Officer, Block Ganj Dundwara may forward the representation filed by the villagers before the District Magistrate, Etah who shall examine the matter and pass appropriate orders after hearing petitioner and respondent no.5 expeditiously preferably within a period of four weeks from the date a certified copy of this order is produced before the Block Development Officer, Block Ganj Dundwara, the respondent no.3. We are also of the opinion that in case the District Magistrate is of the opinion that the matter is required to be examined by the Chief Development Officer, then he may refer the matter to the Chief Development Officer, Etah for passing appropriate orders. The District Magistrate/Chief Development Officer may also examine as to whether any interim protection is required to be given the applicants/petitioner in the facts and circumstances of the case.



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