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Bhanu Pratap Singh v. State Of U.P. & Others - WRIT - C No. 26678 of 2007 [2007] RD-AH 10484 (7 June 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).



By means of the present writ petition the petitioner has approached this Court for certiorari quashing the order dated 6.2.2007 (Annexure 13 to the writ petition) passed by the Sub- Divisional Magistrate, Jamaniya, District Ghazipur.  Further a writ in the nature of mandamus directing the respondents not to change the nature of the land in dispute in pursuance of the order passed by Sub-Divisional Magistrate dated 6.2.2007.

It has been submitted by the petitioner that the matter is relating to  change of nature of land in dispute which is pending before this Court as well as before the appellate Court but the respondents without any authority of law taking advantage of the summer vacation had passed an order dated 6.2.2007 regarding measurement.  On the basis of the aforesaid order, the respondent No.6  is changing the nature of land in dispute. It has further been submitted by the petitioner that when the petitioner came to know regarding the fact the petitioner has filed a representation to the competent authority dated 29.5.2007 (Annexure 14 to the writ petition) but in spite of the aforesaid fact, the respondents  have not restrained the respondent Nos. 5 to 7 to stop them for changing the nature of land in dispute.

In the facts and circumstances of the present case, as the petitioner has already submitted a representation, as mentioned above, it will be appropriate  that the respondent No.3  be directed to consider and decide the representation of the petitioner according to law within a period of two months from the date of production o f the certified copy of this order. While deciding the claim of the petitioner on the basis of representation dated 29.5.2007, the  respondent No.3 be directed   to pass a detailed and reasoned order according to law by assigning reasons within the aforesaid period mentioned above.  Till the decision of the representation filed by the petitioner the respondent Nos. 5 to 7 are restrained from changing the nature of land in dispute or to raise any construction.  

With these observations the writ petition is disposed of.

No order as to costs.    



W.P. No.26678  of 2007


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