Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3169 of 2018 Petitioner :- Ashiq Ali And 2 Others Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Rakesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Heard Sri Rakesh Kumar Pandey, learned counsel for the petitioners and learned standing counsel for the respondents.
The petitioners in the writ petition are seeking a direction to the respondent no.4 to remove the encroachment from carved way (Rasta) illegally encroached by respondent nos. 7 and 8.
According to the petitioners there is a public Rasta (Road) which passes along the pond but due to the encroachments of respondent nos. 7 and 8 it has become difficult to traverse the land. It is stated that due to obstruction by the respondent nos. 7 and 8 the path has been completely blocked and in event of any natural calamities or marriage ceremony or any other event vehicles would not be able to approach the colony in time. It is further stated that the petitioners have made a representation before the respondent no.4 Tehsildar, Tehsil-Pawara, District Jaunpur a copy of which has been filed as Annexure 5 to the writ petition but till date no action has been taken by respondent no.4.
No useful purpose would be served in keeping the petition pending.
This writ petition is, therefore, disposed of with a direction to the respondent no. 4 Tehsildar, Tehsil-Pawara, District Jaunpur to enquire into the matter and take appropriate action in accordance with law within a period of two months from the date of receipt of a certified copy of this order in his office.
It is made clear that the court has not adjudicated the claim of the petitioners on merit.
Order Date :- 29.3.2018 Neeraj