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2014 DIGILAW 1948 (ALL)

Kamal Singh v. State of U. P. Thru Secy.

2014-07-04

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Hon'ble Dilip Gupta, J. The petition has been filed in the public interest. According to the petitioner, the Gram Sabha had allotted residential leases to 18 persons belonging to scheduled castes in Khasra No. 475 on 20 May 2008 in village Radoi, District Mathura. The petitioner has averred that though the allotments were made and demarcation was completed, but possession which was to be delivered to the allottees has remained to be given. The allottees approached the SDM, Mahavan, Mathura with an application on 8 April 2011 on which a report was called. However, according to the petitioner, no steps have since been taken. A reminder has been since submitted on 20 May 2013. 2. The petition was initially heard by a Division Bench on 5 August 2013 when the learned Standing Counsel for the State was directed to obtain instructions so that if the case pleaded by the petitioner was found to be correct, the competent authority would take action in the matter without any delay. The petition has remained pending since then. In our view, it would be appropriate to direct that the allegations which have been made in the petition should be duly inquired into by the SDM, Mahavan, District Mathura and, if the allegations are found to be genuine, necessary action should be taken in accordance with law expeditiously. 3. We, accordingly, permit the petitioner to provide a certified copy of this order before the third respondent together with a comprehensive representation. The third respondent shall thereupon inquire into the matter and, if upon due inquiry, the grievance is found to be genuine, the third respondent shall ensure that necessary steps are taken in accordance with law expeditiously to remedy the grievance. The petition is, accordingly, disposed of. There shall be no order as to costs.