DEVBRAT RAI Vs. STATE OF U P

JUDGEMENT

(1.) The contention of the petitioner is that the plot in question was given by way of exchange in respect of the land given by the petitioner for construction of the chak road and chak Nali. However, the respondent No. 5 has not removed the construction standing over the land given in the map. He has approached the District Magistrate by way of filing an application on 23-8-2008, copy of which has been annexed as Annexure 1 to the writ petition. We have heard learned counsel for the petitioner and the learned counsel for the respondents. Standing counsel represents respondent Nos. 1 to 4. The Court does not think necessary to issue notice to respondent No. 5 in view of the order which we proposed to pass. Taking into consideration the entire facts and circumstances of the case, we dispose of the writ petition with the direction to the respondent No. 2 to pass appropriate order in accordance with law on the application dated 23-8-2008 filed by the petitioner expeditiously preferably within one month from the date a certified copy of this order along with copy of the application dated 23-8-2008 is filed before him. The District Magistrate, Azamgarh (respondent No. 2) shall give opportunity of hearing to the petitioner and also the respondent No. 3. The writ petition stands disposed of. It is made clear that this Court has not adjudicated the claims of the petitioner on merits. .