Court No. - 21
Case :- WRIT - C No. - 6541 of 2019 Petitioner :- Mumtaj Khan Alias Babbu Khan And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pramod Kumar Sinha Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioners are seeking a direction of writ of mandamus for the removal of the encroachment made by the respondent nos. 5 and 6, who are the private respondents. From the material on the record, we find that there is already an order dated 28th April, 2018 passed by Up-ziladhikari in Case No. 2070 of 2015, Ameenuddin and others Vs. Yusuf Ali and others, under Section 133-A Cr.P.C., issuing a direction to the Tehsildar, Sadar to remove the encroachment on plot no. 101 and plot no. 39.
The grievance of the petitioners is that in spite of the said order, the authorities concerned have failed to remove the encroachment on the public road.
Taking into consideration the said fact, without entering into the merits of the case, we are of the view that once an order has already been passed by the appropriate authority, the consequential action shall be taken by the authorities concerned. Accordingly, we decline to interfere in the matter with liberty to the petitioner to move an appropriate application before the authority concerned for the compliance of the order of the Sub Divisional Magistrate. We hope and trust that in the event any such application is move, the same shall be considered by the said authority, after furnishing opportunity to the respondent nos. 5 and 6.
With the aforesaid observation, the petition stands disposed of.
Order Date :- 25.2.2019 SR