Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 33921 of 2004 Petitioner :- Aditya Narayan Singh Respondent :- State Of U.P. Thru' Chief Secy. Secretariat & Ors. Petitioner Counsel :- G.P. Singh,A.N. Singh,Anil Kumar Aditya Respondent Counsel :- C.S.C.,Anuj Kumar,C.S.Singh,V.K.Singh Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
In this public interest litigation, petitioner has made the following
prayers:-
(A) a writ or an order or a direction in the nature of mandamus
commanding the respondent no. 5 to submit the report/reference
to the respondent no. 4, further directing the respondent no. 4 to
decide the said reference for making the provision for appropriate
land reserved for construction of the drain in the village Rampur,
from Taal to River-Naad within the period to be specified by this
Hon’ble Court.
(B) a writ or an order or a direction in the nature of mandamus
commanding the respondent no. 1 to 3 to release and sanction,
appropriate fund for the construction of drain in village Rampur,
from Taal to River-Naad and to complete the same, within the
period to be specified by this Hon’ble Court.
(C) a writ or an order or a direction in the nature of mandamus
commanding the respondent no. 1 to not to publish the notification
u/s 52 of the U.P.C.H. Act, 1953 relating to village Rampur,
District-Varanasi till the disposal of the representation/reference
for making the provision for appropriate land reserved for
construction of the drain in village Rampur from Taal to river
Naad.”
Having heard Mr. G.P. Singh for the petitioner, Mr. R.K. Saxena,
Standing Counsel for the State and taking into consideration the
facts and circumstances of the case, we are of the opinion that the
petitioner shall be well advised to represent before respondent no.
3, District Magistrate, Varanasi for redressal of his grievance.
Needless to state that in case the petitioner approaches respondent
no. 3, District Magistrate, Varanasi for redressal of his grievance,
he shall take appropriate action as permissible in law without
unnecessary delay.
It is made clear that we have not expressed any opinion with
regard to the claim made by the petitioner and that shall be
considered by the respondent no. 3 in accordance with law.
Writ application stands disposed of with the observation aforesaid.
(Pankaj Mithal,J) (C.K. Prasad,CJ) Order Date :- 6.1.2010 RK