LAWS(ALL)-2023-7-162

NANHE LAL KANAUJIA Vs. STATE OF U. P

Decided On July 05, 2023
Nanhe Lal Kanaujia Appellant
V/S
State Of U. P Respondents

JUDGEMENT

(1.) Heard Shri Alok Kumar Dixit, learned counsel for the petitioner, Shri Shailendra Kumar Singh, learned Chief Standing Counsel-II, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State-opposite parties and Shri Virendra Singh, learned counsel for the private opposite party Nos.6, 7 and 8. However, Sri Ajay Kumar, learned counsel has accepted notice on behalf of opposite party No.5 i.e. the District Basic Education Officer, Hardoi.

(2.) Notably, this Court has passed a detailed and comprehensive order on 19/12/2022 considering the earlier orders passed by this Court on 5/8/2022 and 29/8/2022 wherein the prayer of the present Public Interest Litigation Petition (here-in-after referred to as the 'PIL') has been considered. Therefore, to understand the grievance of the petitioner which has been considered by this Court in earlier orders, the order dtd. 19/12/2022 is being reproduced here-in-below:-

(3.) In compliance of the directions of this Court issued in the order dtd. 5/8/2022, the District Magistrate, Hardoi has filed a personal affidavit on 29/8/2022. Further, the District Magistrate, Hardoi has also filed a short counter affidavit dated 15/16/2/2023 to apprise the Court that the directions being issued by this Court in the present PIL have been followed in its letter and spirit. Besides, the relevant documents/ revenue records and the coloured photographs of the site in question have been filed to show the bonafide of the Competent Revenue Officers/ Officials. Not only the above, the personal affidavit of the Principal Secretary, Department of Revenue, Government of U.P., Lucknow has been filed on 16/2/2023. Thereafter, one short counter affidavit of the Principal Secretary of the Department of Revenue, U.P., Lucknow has been filed on 22/3/2023 to demonstrate that the Department of Revenue has complied with the directions of this Court issued vide order dtd. 19/12/2022 in its letter and spirit enclosing therewith the copy of report thereof from all the Districts of Uttar Pradesh, Government Orders and the orders being issued by the Board of Revenue etc.