Court No. - 6
Case :- WRIT - C No. - 7037 of 2018 Petitioner :- Dinesh Pal And Another Respondent :- State Of U.P Through District Magistrate Farukhabad And 9 Others Counsel for Petitioner :- Pradeep Saxena,Radhey Shyam Yadav Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble B. Amit Sthalekar,J.
Learned counsel for the petitioner prays for and is permitted to implead the Tehsildar, Tehsil Sadar, District Farukkhabad in the array of respondents as respondent no.11 today itself.
Heard Sri Pradeep Saxena, learned counsel for the petitioner, Sri Dhirendra Singh, brief holder of respondents no. 1 to 3 and 11 and Sri Brij Kumar Yadav, learned counsel for the respondent no.10.
The petitioner in the writ petition is seeking a direction to the respondents to remove the obstruction being created by respondents no. 4 to 9 on the pucca road of Chak No. 13 in Village Raipur, Tehsil Sadar, District Faukhabad.
It is stated that proceedings under Section 133 of the Cr.P.C. were initiated against the alleged respondents in which an order was passed on 13.1.2016 in respect of Chak no. 13. Aggrieved by that order, the respondents no. 4 to 9 filed revision which has also been dismissed by the Additional Sessions Judge by order dated 13.4.2016. It is stated that thereafter, the Gaon Sabha sought to put a regular Kharanja on the Chak Road, but the respondents no. 4 to 9 started raising obstruction.
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.11-Tehsildar, Tehsil Sadar, District Farukkhabad 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 petitioner on merit.
Order Date :- 27.2.2018 Kirti