High Court
Case Details
Court No. - 40 Case :- WRIT - C No. - 807 of 2023 Petitioner :- Jatan Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tarun Tiwari Counsel for Respondent :- C.S.C.,Iqubal Hussain,Kunal Shah Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Manjive Shukla,J.
Legal Reasoning
The Court has proceeded to examine the record in question and find that vide order dated 13.2.2023 the Court had directed Nagar Ayukt, Varanasi to submit reply in writing to provide solution of the problem being faced by the petitioners on account of fish market in front of their house but instead of filing the specific reply, the instructions have been sent through the Nayab Tehsildar and the Sahayak Nagar Ayukt, Nagar Nigam, Varanasi. While passing the order dated 13.2.2023 the Court had specifically directed the Nagar Ayukt to convene the meeting but instead of convening the meeting under his Chairmanship the meeting was convened by Tehsildar and Sahayak Nagar Ayukt, which is in derogation of the order dated 13.2.2023. Considering the facts and circumstances of the case, we are of the prima facie opinion that the matter may be referred to the Contempt Court. On the request of learned counsel for petitioner, put up this matter day after tomorrow for further orders. On the next date, the Nagar Ayukt, Varanasi shall remain present before us. Let a copy of this order be given to Sri Iqbal Hussain, learned counsel for Nagar Nigam, Varanasi for necessary compliance." In response to the aforesaid order, the Municipal Commissioner, Varanasi is present along with personal affidavit, which is taken on record. It has been stated in the personal affidavit that he has joined the said post on 27.2.2023. As soon as the order dated 14.3.2023 was informed to him, he initiated the curative steps in order to ensure the strict and proper compliance of the order dated 13.2.2023. In pursuance of the order passed by this Court, he himself visited the site with all stake holders to find an amicable solution. It is contended that every sincere effort will be made by him to resolve the dispute amicably in accordance with law. We have proceeded to examine the personal affidavit and are satisfied with the explanation given by the Municipal Commissioner, Varanasi. Hence his presence is dispensed with. Learned counsel for the respondents has also placed reliance on the minutes of the meeting held by the Municipal Commissioner, Varanasi dated 15.3.2023 appended at page 15 of the personal affidavit and on the basis of which it is contended that the fishermen of the Fish Market has submitted written application indicating therein that they are running the fish market since last 50 years. The house of the petitioner is 100 meters away from the site and he also runs his fishing business in the place in question. The petitioner has also another passage for ingress and egress for his house.
Arguments
Heard learned counsel for the petitioners; Shri B.B. Pandey, learned Chief Standing Counsel and Shri Iqbal Hussain, learned counsel for Nagar Ayukt, Nagar Nigam, Varanasi. Present writ petition has been preferred for a direction to respondents to remove and to take necessary action against the illegal encroachment (Fish Market) under the River Bridge situated at Chaukaghat, Varanasi and for a further direction to respondents to decide the representation/ application dated 18.9.2022 and 14.11.2022 moved by the petitioners. On the matter being taken up on 13.2.2023, the Court has proceeded to pass the following order:- "The petitioners herein are residents of House No. S-11/96 Malhaiya Tola Chaukaghat, Varanasi near river bridge of Chaukaghat. It is submitted that from a long time a fish market has been established near House No. S-11/96 Malhaiya Tola Chaukaghat, Varanasi near river bridge of Chaukaghat and several fisherman and vendors have encroached the entire area including the road in front of the house of the petitioners. They are creating hindrance in access of the house of the petitioners and on account of collection of anti-social elements at the place in question, the petitioners are facing inconvenience. Repeated representations have been made to the Nagar Nigam, Varanasi but nothing has been done. The petitioners are constrained to approach this Court. Taking notice of the submissions in the writ petition, we require Sri Iqubal Hussain, learned counsel appearing for Nagar Nigam, Varanasi to bring the reply in writing from the Nagar Ayukt, Nagar Nigam, Varanasi to provide solution of the problem being faced by the petitioners on account of the fish market in front of their house and encroachment by fisherman or stalls set up for selling fish in the market. It is made clear that this order shall not be taken as a tool to forcibly evict the occupants/fisherman who are running fish market for a long time rather solution to the problem of the petitioner lies in rehabilitation/relocation of the persons running the fish market. The solution which is required to be placed before us by the Nagar Ayukt, Nagar Nigam, Varanasi shall be in the shape of rehabilitation/relocation/proposal for the fish vendors. For rehabilitation of the vendors/relocation of the fish market, talk shall be held by the Nagar Ayukt, Nagar Nigam, Varanasi with the vendors or their representatives and the result of the same shall be brought before us. List this matter on 28.02.2023." Thereafter, the matter was taken up on 14.3.2023 and the Court has proceeded to pass the detailed order, the operative portion of which is quoted as under:- "............In response to the aforesaid order, Sri Iqbal Hussain, learned counsel for Nagar Nigam, Varanasi has placed the instruction sent by the Nayab Tehsildar and the Sahayak Nagar Ayukt, Nagar Nigam, Varanasi.
Decision
Considering the facts and circumstances of the case, no useful purpose will be served in keeping the writ petition pending consideration. Once the matter is already ceased by the Municipal Commissioner, Varanasi, who is competent enough to proceed further in the matter, we direct him to resolve the dispute amicably in accordance with law and file affidavit of compliance on record within three months. The writ petition stands disposed of accordingly. Order Date :- 16.3.2023 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad