SHIVRAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has sought a mandamus commanding the respondents to stop construction of Primary Pathshala over Gata Nos.2172 Ga, 2172 Kha, 2172 Ka and 2171, measuring area 0.0410, 0.0410, 0.0400, 0.190 hectare situated Mazra Rampur Majhgaon, Post Bhojpur, Tehsil Sadar, District Farrukhabad.

(2.) We find that the order stopping construction was already passed by the Sub Divisional Magistrate, Sadar, Farrukhabad, as is evident from Annexure-'5' at page 27 of the writ petition, which is an application said to have been signed by the petitioner and five others on 30.05.2012. On the said application there was an endorsement by one Raj Kumar Singh Rathore, Advocate, President, Samajwadi Parti, Farrukhabad addressed to Sub Divisional Magistrate requiring him to stop constructions forthwith and thereupon an order for stopping construction was passed by the Sub Divisional Magistrate on the same date i.e. 30.05.2012. There was, thus, no reason to pursue this writ petition further but then what this Court find disturbing is that on a direction/instruction of an Advocate, who simultaneously has put in his seal mentioning his status as President of a political party, the Sub Divisional Magistrate without any enquiry and without any application of mind on his own, straight way, on the same day, passed order dated 30.05.2012 in the terms he was so required by the said Advocate claiming to enjoy a political status also. It is in this circumstances, we required the Sub Divisional Magistrate to explain the position by our order dated 13.06.2012.

(3.) Today, Sri Om Subhash Tripathi, learned Additional Chief Standing Counsel has placed before us a copy of the letter dated 14.06.2012 of the District Magistrate, Farrukhabad appending therewith the explanation submitted by the Sub Divisional Magistrate/Deputy Collector, Sadar, Farrukhabad dated 14.06.2012. Sri B.D. Verma, the concerned Sub Divisional Magistrate is also present.