Court No. - 40
Case :- WRIT - C No. - 18820 of 2021 Petitioner :- Kailash Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Daksha Yadav Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the respondent nos.1 to 5; and have perused the record.
The petitioner has made a complaint in respect of illegal occupation of chak marg on which, the Sub-Divisional Magistrate has made an endorsement requiring the Station House Officer, Bahariya, Prayagraj to take appropriate action. To ensure compliance of this endorsement, this petition has been filed.
Section 26 of the U.P. Revenue Code, 2006 confers powers on Tehsildar to direct removal of obstacle from a public road, path or command land of a village. The Sub-Divisional Officer has been conferred revisional powers under Section 27 of the Code.
It is not clear from the record that any order has been passed by the Tehsildar in exercise of powers under Section 26 of the U.P. Revenue Code, 2006.
In view of the above, we deem it appropriate to dispose of this petition by giving liberty to the petitioner to move an application before the Tehsildar concerned in respect of his grievance, if any.
Order Date :- 12.8.2021 SK