Chhaya Pandey(Tiwari) vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 6845 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- P.I.L. CIVIL No. - 5825 of 2021
 

 
Petitioner :- Chhaya Pandey(Tiwari)
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue,Lko.& Ors.
 
Counsel for Petitioner :- Trinetra Shankar Pandey,Akhilesh Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 to 5 and Mr. Ravindra Singh holding brief for Mr. Mohan Singh learned counsel for opposite party No.6. In view of order being passed, notices to opposite parties 7 and 8 stand dispensed with.

Petition has been filed seeking following reliefs:-

" issue a writ, order or direction in the nature of mandamus commanding the opposite parties No. 2 to 5 to ensure the restoration of Public Utility Land i.e. Gata No. 68Gha measuring area 0.0280 hectare recorded as Pond in revenue records situate at village Usuru, Block Masodha, pargana-Haveli Awadh, Tehsil-Sadar, District Ayodhya which belong to Gaon Sabha land in favour of Gaon Sabha in the light of judgment and order reported in AIR 2001 SC 3215 "Hinch Lal Tiwari versus Kamla Devi and others. ...."

Learned counsel for petitioner submits that opposite party No.8 is illegally raising construction over the property in question which has been recorded as a pond in the revenue record. It is submitted that the petitioner had filed an application dated 8th February, 2021 before the Additional Commissioner (Administration) on which report from the Sub Divisional Magistrate, Sadar, Ayodhya had been called for. It appears that the matter is still pending consideration before the said authority without final decision having been taken.

Considering the aforesaid facts as well as the fact that the lis involves disputed questions of fact at this stage, the opposite party No.2 i.e. Commissioner/ Additional Commissioner (Administration), Ayodhya Division, Ayodhya shall take a final decision on the application of the petitioner dated 8th February, 2021 within a period of six weeks from the date a copy of this order is produced before the said authority who may also consider passing interim directions with regard to preservation of property in question in case he comes to a prima facie conclusion that illegal construction is being raised. However such an order may be passed only after affording opportunity of hearing to the opposite party No.8, Smt. Savita Srivastava.

With the aforesaid directions, the writ petition stands disposed of.

Order Date :- 30.6.2021

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