HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 39323 of 2023 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. As per officer report, notices were served upon respondent Nos.6 to 16, nobody put up his appearance on behalf of the aforesaid respondents. 2. Heard Sri Prashant Shukla, learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 5. 3. The petitioner has preferred the present petition with the following prayer:- i) Issue a Writ, Order or direction in the nature of mandamus commanding the respondent authorities specially respondent no. 1 to 5 to conclude and comply the report dated 07.10.2023 submitted by Tehsildar, Tehail-Handia, District-Prayagraj approved by Sub District Magistrate Handia, Prayagraj, before District Magistrate Prayagraj in favour of the applicant/petitioner on the direction of this Hon'ble Court by order dated 21.07.2023 in Civil Misc. Writ Petition No. 22396/2023 (Heera Lal Vs State of U.P. and 15 others). 4. Facts in brief as contained in the writ petition are that petitioner is aggrieved with the conduct of the private respondents, herein, it is alleged that they are bhoo-mafia and have encroached upon the property of the petitioner situated at Village Shahari Bojh, Police Station Sarai Mamrej, Tehsil Handia District Prayagraj, the petitioner filed Writ C No.22396 of Versus Counsel for Petitioner(s) : Prashant Shukla, Ram Prakash Upadhyay Counsel for Respondent(s) : C.S.C. Heeralal .....Petitioner(s) State Of U.P. And 15 Others .....Respondent(s) 2023 (Heeralal Vs. State of U.P. and others) decided on 21.07.2023. The aforesaid order reads as follows:- 1. Heard Sri Prashant Shukla, learned counsel for the petitioner and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents. 2. Petitioner is aggrieved by the conduct of the private respondents, herein, it is alleged that they are bhoo-mafia and have encroached upon the property of the petitioner prescribed in paragraph 5 of the writ petition. 3. Learned Standing Counsel submits that grievance of the petitioner shall be redressed by the second respondent-District Magistrate, District Prayagraj, pursuant to Government Order dated 1 May, 2017. 4. In view thereof, on consent, without entering into the merit of the case, as well as, rival contentions raised by the respective parties, the writ petition is being finally disposed of directing that the second respondent-District Magistrate, Prayagraj, to take action as per Government Order dated 1 May 2017, after affording opportunity of hearing to the petitioner, by passing a reasoned and speaking order, expeditiously within six weeks from the date of filing of certified copy of this order along with copy of the representation. 5. Pursuant to the aforesaid order, report was submitted by the Tehsildar and S.D.M. before the respondent No.2/District Magistrate, Prayagraj on 07.10.2023 copy of the report is appended as Annexure No.12 to the writ petition. It is argued that since the report has been submitted on 07.10.2023 but till date no final decision has been taken by the respondent No.2. 6. On the other hand, it is argued by learned Standing Counsel that the respondent No.2 will take a decision in the matter expeditiously. WRIC No. 39323 of 2023 2 7. Heard learned counsel for the parties present and perused the record. 8. In the facts and circumstances of the case, the present petition is disposed of respondent No.2/District Magistrate, Prayagraj to take a decision in the matter taking into consideration of the judgement and order dated 21.07.2023 passed by this Court in Writ C No.22396 of 2023 as well as report dated 07.10.2023 submitted by the Tehsildar as well as S.D.M. most expeditiously and preferably within a period of three months from the date of production of certified copy of this order before him but after providing opportunity of hearing to all the parties concerned, if there is no legal impediment. October 14, 2025 saqlain WRIC No. 39323 of 2023 3 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad