BADAL KHAN versus DISTT. MAGISTRATE / COLLECTOR & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Badal Khan v. Distt. Magistrate / Collector & Others - WRIT - C No. 26895 of 2006 [2006] RD-AH 9580 (16 May 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.34

Civil Misc. Writ Petition No.26895 of 2006

Badal Khan

Vs.

District Magistrate/Collector, Banda & Ors.

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

Hon. Dilip Gupta, J.

This writ petition has been filed for a direction upon the respondent nos. 1 and 2 to take immediate steps for removing the encroachments over the pond situated on plot nos. 1031 and 1032 measuring 0.070 and 0.070 hectare in Mauza Mataudh, District Banda and for a direction upon the respondents to restore the same.

We have heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent nos. 1 to 3. In view of the order that we propose to pass, it is not necessary to issue notices to respondent no.4.

It has been stated in the petition that the private respondent no.4 has encroached upon the pond in an illegal manner which is contrary to the direction issued by the Hon'ble Supreme Court in Hinch Lal Tiwari Vs. Kamla Devi & Ors., 2001 (92) RD 689.

Learned counsel appearing for the respondent nos. 1 to 3 has stated that for the aforesaid purpose, the petitioner may move an appropriate representation before the Sub Divisional Magistrate, Sadar, District Banda along with a certified copy of this order and a copy of the decision of the Hon'ble Apex Court rendered in Hinch Lal  Tiwari (supra), and in case such a representation is moved, appropriate orders shall be passed in accordance with law after hearing the petitioner and the private respondent no. 4.

In view of the above, we dispose of this writ petition with a direction that in the event the petitioner moves a detailed representation before the Sub Divisional Magistrate, Sadar, District Banda along with a certified copy of this order and a copy of the decision of the Hon'ble Apex Court rendered in Hinch Lal  Tiwari (supra) within a period of two weeks from today, the same shall be considered and decided in accordance with law within a period of four weeks thereafter, after hearing the petitioner and private respondent no.4.

16.05.2006

AHA

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