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Judgment
S.P.Mehrotra, J.
The contention of the petitioner is that he is the bhumidhar of Arazi No. 104 , Rakba 0.814 hectare situated in village Kuckheram, Tehsil Karvi District Chitrakoop and is cutlivating his land. However, Pradhan of village had made an application before the District Magistrate, Chitrakoot on 17.11.2008 stating therein that the aforesaid Arazi no. 104 Rakba 0.814 hectare situated in village Kuckheram, Tehsil Karvi District Chitrakoop is the pond and, therefore, encroachment should be removed on which the District Magistrate had ordered that if any encroachment has been done, action be taken in accordance with law against the persons who made encroachment.
Sri Pawan Asthana , learned counsel for the petitioner states that the question as to whether the aforesaid plot is a pond is engaging the attention of the SubDivisional Magistrate, Karvi , Chitrakoot pursuant to the order dated 30.7.2008. The matter is yet to be decided by the SubDivisional Magistrate, Karvi , Chitrakoot. Thereafter, the District Magistrate, Chitrakoot was not authorized to pass an exparte order.
We have heard Sri Pawan sthana , learned counsel for the petitioner, Sri V.K.Singh, learned counsel for the respondent no.3 and the learned standing counsel representing respondent nos. 1 , and 3.
Taking into consideration the entire facts and circumstances of the case and the submissions made above, this writ petition is disposed of with the direction to the petitioner to file objections before the respondent no.1 , the District Magistrate, Chitrakoot within two weeks from today which shall be decided in accordance with law expeditiously, preferably within a period of two weeks thereafter after giving an opportunity of hearing to the petitioner as well as Pradhan also.
For a period of four weeks, further proceedings pursuant to the order dated 17.11.2008 passed by the he SubDivisional Magistrate, Karvi , Chitrakoot shall be kept in abeyance.
It is made clear that this Court has not adjudicated the claims of the petitioner on merits.