- (1.) Heard learned counsel for the petitioner, Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Sri Jai Kumar, learned counsel appearing for respondent No.4.
(2.) Earlier, the petitioner had approached this Court by means of P.I.L (Civil) No.17308 of 2017 which was disposed of by order dated 2.8.2017. The said order is reproduced below:- "Heard learned counsel for the petitioner, Sri Q.H. Rizvi, learned Additional Chief Standing Counsel representing the State-respondent and Sri Durgesh Kumar Singh, Advocate holding brief of Sri Jai Kumar representing respondent No.9 (Gaon Sabha). The grievance of the petitioner is that for construction of Aganbadi Kendra in Village Seer Banakat, Block Itiyathok, Tehsil- Sadar, District- Gonda, funds were sanctioned and Plot No.587 was identified. The foundation was in progress but suddenly the construction was stopped w.e.f. 30th June, 2017. The limited relief pressed is for a direction to the Collector, Gonda to get the construction of Aganbadi Kendra in the aforesaid Gram Panchayat completed at the earliest. In this regard, the petitioner has also made a representation dated 11.07.2017 but apparently no further progress has been made in the constructions. Sri Rizvi, learned Additional Chief Standing Counsel upon instructions stated that it is true that Plot No.587 was initially identified for construction of the Aganbadi Kendra but when the construction of the foundation was being made some objections were raised with regard to the said plot and now Plot No.104 has been identified and the Aganbadi Kendra constructions would be made over the Plot No.104. He further submitted that appropriate steps are being taken for starting the constructions on the new plot identified. Considering the facts and circumstances of the case, we dispose of this petition with a direction to the Collector, Gonda to get the matter examined and ensure that the construction of the Aganbadi Kendra for which funds have already been released be made at the earliest without any further delay. In this regard, the petitioner may make an appropriate representation along with a certified copy of this order, whereupon the Collector, Gonda shall get the same examined and appropriate orders be passed within a period of four weeks from the date of submission of such representation."
(3.) The District Magistrate, Gonda by order dated 31st August, 2017 has approved the construction at Plot No.104 area 0.0570 hectare which is adjoining to Plot No.101 where a primary school is already existing. Merely because there is very small area of Plot No.104 i.e. 0.0012 hectare which is in dispute for which also ejectment proceedings are pending, the petitioner has filed the present petition objecting to construction of the Anganbadi Kendra over Plot No.104.;