LAWS(ALL)-2013-1-267

KUSUM DEVI Vs. STATE OF U.P.

Decided On January 16, 2013
Smt. Kusum Devi Appellant
V/S
State of U.P. through Secretary, Local Bodies, Govt. of U.P. Respondents

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for directing the respondents to pass appropriate orders upon the Application of the petitioner for sanction of Map of his proposed construction over the land in question. It appears that the petitioner submitted an Application for sanction of Map alongwith Covering Letter dated 21.8.2012 (Annexure-4 to the writ petition). When no action was taken by the respondents in respect of the sanction of Map, the petitioner submitted another Application/Reminder dated 9th September, 2012. The respondent No. 3 sent a notice dated 12.9.2012 (Annexure-6 to the writ petition) to the petitioner, inter alia, stating that the Southern Boundary shown in the sale-deed in respect of the land in question was incorrect, and directing the petitioner to get corrected the Southern Boundary as shown in the sale-deed. The petitioner thereupon submitted a Representation dated 19th September, 2012, inter alia, stating that the Southern Boundary as shown in the sale-deed in respect of the land in question was correct, and requesting the concerned Authority to grant sanction in respect of the Map submitted by the petitioner. Copy of the Representation dated 19.9.2012 has been filed as Annexure-8 to the writ petition.

(2.) Counter-affidavit has been filed on behalf of the respondent Nos. 2 and 3 through Sri Raj Kumar Pandey, learned Counsel for the said respondents.

(3.) Rejoinder Affidavit in reply to the aforesaid counter-affidavit has been filed on behalf of the petitioner.