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Judgment
P. Sam Koshy, J
The present writ petition has been filed by the ex-Sarpanch of village Fingeshwar, Tehsil Rajim, District Gariyaband, praying for an appropriate
direction to the respondents against illegal construction of Rice Mill over the Abadi land situated at Village Fingeshwar in Patwari Halka No.8.
Shri Anumeh Shrivastava, Advocate, entering appearance on behalf of respondent No.2 submits that prima facie it appears that there is no
permission as such granted to the respondent No.6 for construction of said Rice Mill. He further submits that perusal of records would show that the
petitioner has already made representation/objection to the District Collector in this regard and which is still pending consideration.
The State counsel accepts notice on behalf of respondents No.1,3 and 5 and would submit that it needs to be verified whether there has been
proper sanction/allotment of land to the respondent No.6 or not. On verification if it is found to be illegal construction, appropriate action would be
taken by the authorities concerned.
Given the said facts and circumstances of the case, this court does not intend to keep this petition pending any further. Rather ends of justice would
meet if the writ petition is disposed of directing the respondents No.2 to 5 to consider the pending representation of the petitioner, if any. The petitioner
would be entitled for filing fresh representation to the respondent authorities, which the authorities would promptly consider and decide the same. In
the event, if it is found that the respondent No.6 is illegally constructing said Rice Mill without any due permission or allotment, appropriate remedial
steps shall be taken by the respondent authorities at the earliest.
The writ petition accordingly stands disposed of.