Shrimati Shusheela Singh v. State of U. P. Thru. Pri. Secy. ,Urban Dev. Deptt.
2016-11-11
A.P.SAHI, DEVENDRA KUMAR UPADHYAYA
body2016
DigiLaw.ai
JUDGMENT Heard learned Counsel for the petitioner, learned Standing Counsel and Sri Aftad Ahmed, learned Counsel for the Nagar Palika Parishad, Nawabganj, Barabanki. The petitioner is aggrieved by inaction on the part of the respondents inasmuch as the wall allegedly constructed by the respondent No.7 encroaching the public pathway is not being removed. In view of the proposed order, issuance of notice to the respondent No.7 is dispensed with. On the application preferred by the petitioner before the appropriate authority of Nagar Palika Parishad, it appears that certain proceedings were drawn for removal of the said wall allegedly constructed on an encroached pathway. However, the encroachment could not be removed because of pendency of some Suit by the respondent No.7 after the aforesaid proceedings were drawn by the Nagar Palika Parishad, Nawabganj, Barabanki. Sri Aftab Ahmed, learned Counsel representing the Nagar Palika Parishad has stated on the basis of instructions received that the proceedings initiated for removal as encroached shall be taken to its logical end expeditiously. Accordingly, in view of the aforesaid statement, it is provided that the proceedings initiated on the application preferred by the petitioner shall be concluded expeditiously in accordance with law. It is further provided that in the aforesaid proceedings to be continued by the authorities of Nagar Palika Parishad, the respondent No.7 shall also be given an opportunity of hearing and representing her case. The aforesaid proceedings shall be concluded within a period of one month from the date of production of a certified copy of this order and in case any encroachment is found, after the said proceedings are concluded, the authorities of Nagar Palika Parishad shall take appropriate action in the matter. With the aforesaid observations and directions, the writ petition is finally disposed of.