Munshi Lal And Another vs Pracharya Zila Shiksha Evam ...
2021 Latest Caselaw 1137 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 946 of 2021
 

 
Petitioner :- Munshi Lal And Another
 
Respondent :- Pracharya Zila Shiksha Evam Prakshikshan Sansthan And Another
 
Counsel for Petitioner :- Syed Mohammad Abbas Abdy
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Joshi,J.

Heard Mr. Syed Mohammad Abbas Abdy, learned counsel for petitioners and learned Standing counsel for the State respondent.

The relief claimed in the writ petition reads as under:-

"I) Issue a writ order or direction in the nature of certiorari calling for record and quashing the proceedings of Case No. 01/2015-16, under section 4(1) of Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (State through Principal Zila Shiksha Evam Prashikshan Sansthan, Mathura, Vs. Munshi Lal and another)."

It is submitted by learned counsel for petitioners that the property belongs to the petitioners and they were recorded as 'bhumidhar' with transferable rights since 1952 and the sale deed executed by the Committee of Management- Radha Junior High School in favour of State Government has already been declared void vide judgment dated 6.12.2010 passed in Writ-C No. 25497 of 1996. It is also submitted that an application/objection in this regard has been filed before the prescribed authority. But the prescribed authority refused to accept it.

Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no. 2-Prescribe Authority/Up-Zilaadhikari, Sadar, District Mathura, to consider the grievance of the petitioners.

Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioners to file a fresh representation before respondent no. 2-Prescribe Authority/Up-Zilaadhikari, Sadar, District Mathura, raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioners, the respondent no.2 shall consider and decide the same by reasoned and speaking order within a period of three months thereafter.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

The writ petition is disposed of.

Order Date :- 19.1.2021

S.K.