Court No. - 10
Case :- WRIT - C No. - 23112 of 2010 Petitioner :- Narendra Kumar Respondent :- State Of U.P. Thru. Secr. Panchayat Raj & Ors. Counsel for Petitioner :- S.N. Shukla,Vashistha Tewari Counsel for Respondent :- C.S.C.,Mahendra Singh,Mahesh N. Singh
Hon'ble Vikram Nath,J. Hon'ble Abhai Kumar,J.
Heard learned counsel for the petitioner Sri A.P. Singh, Advocate, holding brief of Sri Vashistha Tewari, learned Standing Counsel for the State-respondents and Sri Mahendra Singh, learned counsel representing the respondent nos. 7 to 10.
The relief claimed by means of this petition for issuing an appropriate direction to the respondent nos. 2 to 6, the State- respondents, to exercise their powers vested in them for protecting the chak road in question, apparently from the respondent nos. 7 to 10.
In our considered opinion, petition cannot be maintained. The appropriate remedy open to the petitioner would be to either avail the remedy under Section 133 Cr.P.C. or under the provisions of the U.P. Revenue Code, 2006 for removing the encroachment/unauthorized occupation from Gaon Sabha land.
The petition is, accordingly, dismissed.
Order Date :- 24.4.2018 Ranjeet Sahu [Abhai Kumar, J.] [Vikram Nath, J.]