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2014 DIGILAW 1946 (ALL)

Ghanshyam Prasad Kesarwani v. State of U. P.

2014-07-04

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Hon'ble Dilip Gupta, J. In the petition which has been filed in the public interest, it has been averred that the sixth and seventh respondents are making an illegal construction in Plot No.162 admeasuring 0.126 Hectares which is recorded in the revenue records as a Nala. The Gram Pradhan had furnished an application to the S.D.O. on 27 May 2013 on which it has been stated that the S.H.O., Shankargarh was directed to stop the illegal encroachment. However, it has been submitted that the encroachment continues as a result of which there is an imminent danger of loss of life and property in the ensuing monsoon. In view of the submissions made in the writ petition, we are of the view that it is necessary for the Sub-Divisional Magistrate, Bara, District Allahabad (respondent no.3) to immediately cause a due verification to be made in regard to the factual correctness of the grievance, if necessary, by a site verification. Thereafter, necessary steps shall be taken in accordance with law to ensure that in the event that the grievance is found to be genuine, it is duly rectified. Since the sixth and seventh respondents are not before the Court, we clarify that we have left open all the allegations to be duly verified after due notice to the affected parties. The writ petition is, accordingly, disposed of. There shall be no order as to costs.