Purushottam Narayan Shukla v. State of U. P. Through District Magistrate Unnao
2014-05-08
D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
body2014
DigiLaw.ai
JUDGMENT Hon'ble Devendra Kumar Upadhyaya, J. The petitioner has sought to challenge an order passed by the Sub Divisional Officer, Unnao on 21 March 2014 directing the closure of a gate constructed by the petitioner. The petitioner conducts an intermediate college at Sadar, Unnao. The Sub Divisional Officer in his order dated 21 March 2014 has observed that there is a dumping ground on Gata No. 384-Kha falling within the jurisdiction of the Nagar Palika Parishad. The petitioner had opened a gate in the boundary wall of the intermediate college which the Sub Divisional Officer apprehended, was being made to encroach upon the dumping ground. Hence a direction was issued to the effect that the gate should be removed. 2. Learned counsel appearing on behalf of the petitioner states that the dumping ground is not adjacent to the intermediate college and the impugned order has been passed on an erroneous basis. Moreover, it has been stated before the Court that the petitioner undertakes not to create encroachment on the dumping ground. 3. In this background, it has been stated that the petitioner shall submit a representation to the District Magistrate. 4. Since an undertaking has been given to the Court, as noted above that the petitioner does not desire to encroach upon or interfere with the possession of the dumping ground, we are of the view that ends of justice would be met, if the District Magistrate, Unnao is directed to look into the representation which is to be filed and pass such order as may be necessary after due inquiry in which both the petitioner and the Nagar Palika Parishad as well as the complainant of the village are heard. We order accordingly. 5. The petition is, accordingly, disposed of. There shall be no order as to costs.