Defendant Minhe County Dazhuang Township People's Government
The legal representative is Zhao Xianming, the head of the township. Tel: 13997325858.
Litigation request:
Request the defendant to confirm the right of way between the plaintiff's house and the freight yard (about 4m wide and 35m long) and the freight yard (land contract No.2110102066) according to law;
Facts and reasons:
The plaintiff and Zhong Yi, the village leader, are neighbors. Since 2008, there have been many contradictions and physical conflicts between the two sides due to the road and yard problems in front of the door, which led to two criminal cases and two civil personal injury cases. In order to solve this dispute as soon as possible, the plaintiff filed two civil lawsuits with Minhe County People's Court on the ownership of the disputed land. However, the Minhe County People's Court advised the plaintiff to withdraw the lawsuit on the grounds that the dispute did not belong to an adjacent dispute. In the following five years, the plaintiff applied to the defendant for confirmation many times, but the defendant refused the plaintiff's application many times without reason.
To sum up, the defendant's failure to perform his statutory administrative duties has constituted an administrative omission. At present, the legitimate rights and interests of the plaintiff are still being illegally infringed, so according to 1.
According to the Administrative Law of People's Republic of China (PRC), the Administrative Procedure Law of the People's Republic of China and other relevant laws, we bring an administrative lawsuit to your hospital, requesting the court to judge the defendant to make a judgment on the land ownership as soon as possible.
Minhe county people's court
To the Prosecutor: Da Shengxiang 20XX September 5th.
Fan, the appellant of administrative appeal, is a member of the traffic engineering team of X County, and his domicile is XX, X Street, X County.
Legal representative Xu X, captain.
The appellee is XX County Water Conservancy and Electric Power Bureau, and the domicile is X Street in XX County.
Legal representative Fang X, director.
The third person Yu X, male, born on X/X, 1958, Han nationality, a native of XX, an employee of the First Construction Company in X County, lives at XX, X Street, X County.
The third person, X, male, born on X, 1942, Han nationality, from XX city, is an employee of the forestry warranty factory in X county, and lives in X street in X county.
The third person, X County Mineral Management Station, is located in X Street, X County.
Legal representative Liu X, stationmaster.
The appellant refused to accept the judgment of X County People's CourtNo. 100 1. XX (X(93) month x day +0993) is appealing for the case of administrative infringement due to the defendant's failure to perform his statutory duties.
Appeal request: cancel the first-instance judgment and safeguard the legitimate rights and interests of our team.
Facts and reasons: 1990 spring, with the approval of the county mine management station and the county industrial and commercial bureau, our engineering team set up the stone salvage team of the traffic engineering team, and handled the ship transportation license, mining license and business license, and also registered with the county tax bureau. And the defendant county water conservancy and electric power bureau approved our team to mine sand and gravel from Ma Lian River to Puxi, Henan Province, Xintingzhi. Valid for three years. After the promulgation of the Water Law, the county water conservancy and electric power bureau raised no objection to our team's sand mining behavior. X, 1992, suddenly asked our team to fill in the "declaration form for river sand mining". Since then, our team has changed our quarry site on the grounds of endangering the safety of the electric irrigation station and the difficulty of pumping water in dry season. The defendant then awarded Yu X and Shi X, the river section where our team had obtained the right to exploit sand and gravel, and issued a river sand mining license, which was valid for three months. Within the prescribed time limit, the third person dug up more than 500 cubic meters of sand.
Our team then sued a county people's court on the grounds that the defendant failed to perform his statutory duties, approved the first team to sand mining in Nanpuxi, the section from Ma Lian River to Xintingzhi, and illegally granted the same section to a third person for mining, which infringed our legitimate rights and interests. Therefore, we request the court to order the county water conservancy bureau to take specific administrative actions according to law, approve our team to continue sand mining, and immediately stop the sand mining behavior of the third person X in this section, and order the county water conservancy bureau to compensate our team for the economic losses caused by administrative infringement. The county court held that it was legal and correct for the engineering team to issue certificates in the designated river before the implementation of the water law. But once again,
After the implementation of the water law, the county water conservancy bureau, as the competent department of river courses, is responsible for the management of water resources and has the right to approve sand mining in river courses. Have the right to adjust the plaintiff's sand mining scope, which does not constitute administrative infringement, and the judgment will not be liable for compensation. This is not right. With the approval of the relevant administrative departments, our team enjoys legal mining rights within the designated mining area and should be protected by law. After the implementation of the water law, our team applied for re-examination and approval procedures, which met the statutory conditions. County Water Conservancy Bureau authorizes others to mine sand and gravel in the river channel where our team has the mining right without authorization, which is an administrative infringement and should compensate for the losses caused thereby. Please make a fair judgment according to law.
I am here to convey
XX intermediate people's court
Attachment: The petition (seal) of X County Traffic Engineering Team is in quadruplicate.
XXXX year x month x day