Court No. - 36 Case :- WRIT - C No. - 37325 of 2010 Petitioner :- Nanhkoo Yadav Respondent :- State Of U.P. And Others Petitioner Counsel :- S.K. Kautilya,V.P. Awasthi Respondent Counsel :- C.S.C. Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and learned State Counsel.
Petitioner was served with a notice dated 18.6.2009 by which charge is
levelled that petitioner has excavated the sand from the area which
was not allotted to him and, therefore, order of seizure of sand is there
besides other consequences.
Petitioner claims to have approached the respondents and in fact
grievance is that there is no outcome of that exercise. If these facts are
correct then this court is of the view that the concerned competent
authority is required to take decision within shortest possible time so
that further progress may take place.
In view of the aforesaid, this petition is disposed of by giving the
following directions :
1. Petitioner is to file representation/application before the concerned
respondent within a period of ten days from today.
2. On receipt of the claim of the petitioner the concerned authority is
to pass appropriate order on merits, in accordance with law within
shortest possible time preferably within a period of one month from the
date of receipt of certified copy of this order.
3. It is made clear that this court has not expressed any opinion on
merits and thus while deciding the representation/claim of the
petitioner it will be independent exercise of the concerned authority to
take decision.
Order Date :- 1.7.2010
Sachdeva