Court No. - 10
Case :- WRIT - C No. - 36257 of 2018 Petitioner :- Jagat Narayan Shukla And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Harendra Prakash Dwivedi Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners; Sri Diwakar Singh appears for the respondent Gaon Sabha and Sri Sanjay Kumar Singh, learned Standing Counsel for the State-respondent.
Petitioners are before this Court with a request commanding the respondent authorities to stay the brick road (Chakroad) constructed by respondent no. 6 forcibly over petitioners bhoomidhari land relating to Gata No. 664 area 0.1620 hectare and Gata No. 658 area 0.6306 hectare after violating the interim order dated 31.8.2018 passed by the fourth respondent in Case No. T-20302030303847 of 2018 (Raj Narayan Vs. Jagat Narayan and others) as well as order dated 20.5.2013 passed by this Hon'ble Court in Civil Misc. Writ Petition No. 4101 of 2013 whereby this Court has directed the Principal Secretary, Revenue to circulate the order to all the District Collectors in the State of U.P. that no chak road shall be constructed on any private land without the consent of its owner and without following the procedure established by law.
Once the Court has declined to interfere in the matter, learned counsel for the petitioners requests that the liberty may be granted to him to seek appropriate remedy before the appropriate Forum.
The writ petition is accordingly dismissed. However, dismissal of the writ petition would not come in way to petitioners to agitate their claim before the appropriate Court/Forum as per law.
Order Date :- 31.10.2018 A.K.Srivastava