Court No. - 30
Case :- WRIT - C No. - 38841 of 2018 Petitioner :- Rakesh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Amit Kumar Gaur,Arun Kumar Patel Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Shashi Kant Upadhyaya, learned Standing Counsel appearing for the respondents no. 1 to 4 and Sri Manoj Kumar Yadav, learned counsel appearing for the respondent no. 5.
Present writ petition has been filed seeking a direction to the respondent nos. 2 to 4 to take necessary action against the private respondent nos. 6 to 9 and to remove the construction raised by them on the public path/kharanja. Further prayer has been made seeking direction to the State authority to clear the public path way.
In paragraph 6 of the writ petition a categorical assertion regarding link road has been mentioned although the relevant plot number has not been mentioned in prayer clause.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 3, the Sub-Divisional Magistrate, Tahsil Shahganj, district Jaunpur to decide the representation of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs.
Order Date :- 28.11.2018 Lalit Shukla