Court No. - 34
Case :- WRIT - C No. - 31445 of 2019 Petitioner :- Mahesh Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Deepak Kumar Jaiswal,Omkar Nath Rai Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Grievance of petitioner is that respondent nos. 4 to 7 have made an encroachment upon public road running west to east in between Abadi land in village Ahiraulidan, P.S. Tarya Sujan, Tehsil Tamkuhiraj, District Kushinagar. In this regard, he has made complaint before Sub- Divisional Magistrate, Tamkuhiraj Kushinagar, but no action has been taken by him.
2. Under Section 26 of U.P. Revenue Code, 2006 (hereinafter referred to as "Code, 2006"), Tehsildar has power to ensure that no obstruction is made in the use of public road and if that be so, he can direct the concerned authorities for removal of such obstacle.
3. In view of the above, writ petition is disposed of with liberty to petitioner to make an appropriate application under section 26 of Code 2006, along with certified copy of this order, before Authority concerned. After receiving such an application, Authority concerned shall make all endeavour to decide petitioner's application and take necessary action within a period of one month from the date of production of certified copy of this order.
Order Date :- 26.9.2019 Arshad