Court No. - 1
Case :- WRIT - C No. - 24899 of 2020 Petitioner :- Munni Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Heard Sri Rajesh Kumar Verma, learned counsel for the petitioners and Sri V.K. Nagaich, learned Standing Counsel for the State.
Petitioner's grievance is that despite directions of the Sub-Divisional Officer to the concerned R.I. to decide petitioners' representation making allegations against respondent no.3 of making illegal encroachment over plot no.155, thus obstructing easementary rights of the petitioners especially, right to passage, no action has been taken by the Authorities.
As far as petitioners' grievance is concerned, it is open to the petitioners to approach the Sub-Divisional Officer who has passed orders on 26.06.2020 to get his orders complied with.
This Court is not an executing Court to get the orders of the Sub- divisional Magistrate executed.
However, it is directed that Sub-Divisional Magistrate shall take facts of the case into consideration, get an enquiry conducted by constituting a team of at least three revenue officials and take action as per the report of such revenue officials after supplying a copy of the report to the petitioners.
It is made clear that in case, it is found that petitioners' complaint is false and frivolous, then S.D.M. will be free to take appropriate action against the petitioners.
In above terms, petition is disposed off.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 5.1.2021/Ashutosh