Court No. - 42
Case :- WRIT - C No. - 16650 of 2021 Petitioner :- Gulab Singh Yadav Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Praveen Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 to take appropriate action against the private respondents for encroaching the public passage situated over the plot no. 2771 connecting to the main road in village Belhari (Pakariya) Pargana Khanpur Tehsil Saidpur District Ghazipur and to remove the encroachment over the same and left it open for public passage."
Attention was drawn to coloured photographs annexed as annexure no. 6 to the petition, which reflects that construction is being raised.
It is not in dispute that such obstruction can be removed under the provisions of U.P. Revenue Code. It is not known whether the construction is on public passage or on private land. All such facts can be verified by the authority concerned while proceedings in the relevant provisions.
From perusal of record, it appears that the petitioner has filed an application raising his grievance which can be considered under the relevant provisions and for this purpose even the report has been submitted way back in 2015 itself.
Accordingly, respondent no. 3, Sub Divisional Magistrate, Sub Division/ Tehsil Saidpur, District- Ghazipur is directed to decide the aforesaid application preferably within a period of two months from the date of production of self- attested copy of this order, which may be verified from the official website of the High Court.
It is made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observation/ direction, present petition stands disposed of.
Order Date :- 27.7.2021/Aditya