Allahabad High Court
Brahm Dev vs Collector / District Magistrate ... on 26 November, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- WRIT - C No. - 36384 of 2019 Petitioner :- Brahm Dev Respondent :- Collector / District Magistrate Ghazipur And 3 Others Counsel for Petitioner :- Ram Pravesh Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondent.
The present writ petition has been filed with following prayer :-
i) issue a writ, order or direction in the nature of mandamus directing the respondent no.1 i.e. District Magistrate/Collector, Ghazipur to decide the Stay Application and Appeal No. 861 of 2019 (Brahm Dev Vs. Gaon Sabha and otehrs) pending before the Collector, Ghazipur as early as possible within a period as stipulated by this Hon'ble Court;
ii) Issue a writ, order or direction in the nature of mandamus retraining the respondents not to demolish the construction of petitioner i.e. Naadcharan, Makaan Sahan and a hut and not to cut away the old Banyan Tree existing over Arazi No. 285, measuring 0.003 Hectare, situated at Village Chak Fatima, Pargana Zahoorabad, Tehsil Mohammadabad, District Ghazipur during the pendency of Appeal No.861 of 2019 (Brahm Dev Vs. Gaon Sabha and others) pending before the Collector, Ghazipur;
Learned counsel for the petitioner has confined his relief only with regard to early disposal of his Stay Application in Appeal No.861 of 2019 pending before the Collector, Ghazipur.
Having regard to the facts and circumstances of the case and the submission made, but without prejudice to the merits of the case, the instant writ petition is finally disposed off with a direction to the respondent no.1 i.e. District Magistrate/Collector, Ghazipur to consider and decide the aforesaid case, in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of presentation of a certified copy of this order, if there is no other legal impediment.
Order Date :- 26.11.2019 Ashok Gupta