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Judgment
Manoj Kumar Tiwari, J
This writ petition has been filed by Gram Sabha/Land Management Committee of Gram Panchayat-Jhajra, Vikashand-Sehaspur, Tehsil Vikasnagar,
Dehradun. According to the petitioner, a public utility land of Gram Panchayat, Jhajra has been encroached upon by certain unscrupulous persons,
including respondent no. 5.
Mr. Jitendra Chaudhary, learned counsel appearing for the petitioners has relied upon judgment rendered by Hon’ble Supreme Court in the case
of Jagpal Singh & others vs State of Punjab & others reported in 2011 (11) SCC 396. It is contended on behalf of the petitioner that despite
representation made by the petitioner to the concerned authorities, no decision has been taken.
After arguing for a while, learned counsel for the petitioners submits that petitioners may be permitted to make fresh representation to the
Competent Authority and the Competent Authority be directed to take decision thereupon.
Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to make representation to
S.D.M./Assistant Collector 1st Class, Vikasnagar, Dehradun (respondent no. 4), within two weeks from today. If such representation is made within
the stipulated time, respondent no. 4 shall look into the matter and take appropriate decision, in accordance with law, within a period of six months
from the date of receipt of representation alongwith certified copy of this order. It goes without saying that before passing any order adverse to the
interest of any person, person concerned shall also be heard.