Court No. - 32
Case :- WRIT - C No. - 41746 of 2018
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
This writ petition has been filed, inter alia, for the following relief:
"(i)issue a suitable writ order or direction in the nature of mandamus directing the respondents to remove the said encroachment, within stipulated period as prescribed by this Hon'ble Court."
From perusal of the record, it transpires that earlier also a writ petition, being Writ-C no. 42978 of 2014, in respect of the same relief was filed , which was disposed on 20.8.2014, inter alia, with the following directions:
"The Executive Officer, Nagar Palika Parishad, Mugalsarai, Chandauli, shall inquire into the matter and shall proceed to take action which appears to have been done through some letter dated 15.5.2013 in this respect.
This writ petition is, therefore, disposed of with a direction to the respondent No.4 to put the respondent No.5 to notice in case the encroachment persists and then proceed to take action for removal thereof in accordance with law after hearing the parties. "
Learned counsel for the petitioner submits that despite specific order of this court Nagar Palika Parishad concerned is sleeping over the matter and till date has done nothing in the matter in pursuance of the earlier of this court.
The record reveals that although the aforesaid writ petition was disposed of with certain directions to the Nagar Palika Parishad way back in the year 2014 but thereafter it seems that the petitioner has not taken any steps to enforce the order passed by this court.If the petitioner had any grievances against the Nagar Palika Parishad for not complying with the order passed by this court, he should have approached this court for initiating contempt proceedings against the authority concerned in accordance with law, but the petitioner instead of taking such proceedings, chose to approach this court again by filing a second writ petition for the same relief,which is not maintainable.
In view of the above, we do not see any justification to interfere in the matter. The writ petition is accordingly dismissed.
However, it is expected that the Nagar Palika Parishad shall do the needful in accordance with law in the matter in pursuance of the earlier order of this court dated 20.8.2014.
Order Date :- 18.12.2018 MLK