Court No. - 9
Case :- WRIT - C No. - 14409 of 2019 Petitioner :- Moti Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Vijay Pratap Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Anjani Kumar Mishra,J.
Heard.
The writ petition has been filed seeking following relief:-
"issue a writ, order or direction in the nature of mandamus directing the concerned respondents authorities to remove the illegal encroachment/possession from the Chak Marg as Gata No. 165 situated at Village Bela Kasaila Tehsil-Madhuban, District Mau and make them free from that of respondent nos. 5 to 7 and turn/make the same to its original shape/form in the interest of justice."
The submission of counsel for the petitioner is that respondent nos. 5, 6 and 7 have encroached upon a public pathway situated adjacent to the petitioner's chak. As a consequence people are using the chak of the petitioner as a pathway.
It has also been submitted that measurement etc. have been carried out atleast 26 times and yet the encroachment has been continuing.
In my considered opinion, it is always open for the Gaon Sabha to initiate proceedings for removal of unauthorized encroachment over petitioner's land as provided under Section 67 of the Revenue Code. Further in so far the private person is concerned, the remedy with regard to an unauthorized occupation of a public pathway lies under Section 133 of the Criminal Procedure Code. The petitioner, in case, so advised may avail this remedy available to him.
Subject to the above, this writ petition stands disposed of.
Order Date :- 29.4.2019 sweta