Court No. - 34
Case :- WRIT - C No. - 31401 of 2019 Petitioner :- Mohammad Alam Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Grievance of petitioner is that there is an encroachment on public road of village usufpur Mazra Purkhas, Tehsil Chayal, PS Sarai Akil, District Kaushambi by respondent nos. 4 and 5, but despite application dated 1.1.2019 moved by the petitioner, respondent nos. 2 and 3 are not taking any action, though under Section 26 of U.P. Revenue Code, 2006 (hereinafter referred to as "Code, 2006"), respondents have power to remove obstruction on public road/path etc.
3. In this connection, our attention is drawn to petitioner's letter dated 1.1.2019 addressed to District Magistrate, Kaushambi.
4. Learned Standing Counsel stated that in case District Magistrate, Kaushambi has not already taken action in the matter, the same will be done expeditiously.
5. In view of above, writ petition is disposed of directing respondents competent authority to look into grievance of petitioner and ensure compliance of Section 26 of Code, 2006 by removing obstruction, if any, on public road in the light of complaint of petitioner made vide letter dated 1.1.2019 and respondents competent authority shall pass a reasoned order expeditiously within two months from the date of production of a certified copy of this order.
Order Date :- 26.9.2019 Ravi Prakash