TRIBHUWAN SINGH Vs. UP ZILA ADHIKARI AND 3 ORS
LAWS(ALL)-2015-3-251
HIGH COURT OF ALLAHABAD
Decided on March 25,2015

TRIBHUWAN SINGH Appellant
VERSUS
Up Zila Adhikari And 3 Ors Respondents

JUDGEMENT

- (1.) THIS petition has been filed to assail the order dated 17 January 2015 passed by Up Zila Adhikari (Sadar), Mahrajganj by which the representation filed by the petitioner has been diposed of.
(2.) ACCORDING to the petitioner plot no.595 measuring 0.061 acres situated in village Khanpur, Tehsil Sadar, District Mahrajganj, was reserved for manure -pits for keeping the garbage of the residents of the locality under Section 132 of the U.P.Z.A. and L.R. Act, 1950 and was being used for khad -gaddha by the residents of the nearby locality. Except the said land, there is no other place where the garbage and animals extract can be kept in order to keep the houses clean. Shri Anil Kumar son of Phool Chand, who is husband of the Pradhan of the Nyay Panchayat Khanpur, Tehsil Sadar, District Mahrajganj, in order to usurp the said land, permitted construction of a A.N.M. Center at the said place so that he may use the said building and land for his own purpose. No competent authority has passed any order for changing the nature of the use of? village land, which was reserved for manure -pits. The order passed by S.D.M. Sadar, Mahrajganj on 17 January 2015? reveals that the matter of according permission for the construction of A.N.M. Center at the Arazi No.595 was challenged by Shri Ram Nayan Singh and others by instituting Civil Suit No.102 of 2011 in the Court of Civil Judge (Junior Division), Mahrajganj. In that suit, temporary injunction application was rejected by the Civil Judge concerned and the plaintiff -Ram Nayan Singh and others preferred Misc.Civil Appeal No.32 of 2011 in the Court of District Judge which was dismissed. The construction of A.N.M. Center is being made for public welfare and this petition has been filed since the petitioner's son Ramnayan Singh could not get any relief from the Civil Court.
(3.) IN the above factual background, this Court does not think it proper to entertain this writ petition. The same is, accordingly, dismissed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.