Court No. - 49
Case :- APPLICATION U/S 482 No. - 9531 of 2018 Applicant :- Shri Ram Opposite Party :- State Of U.P. And 5 Ors Counsel for Applicant :- Shardeshwar Mishra,Shailesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed seeking direction to give effect to the order dated 26.08.2017 passed by the Sub Divisional Magistrate, Jakhania, Ghazipur in Complaint Case No. 2/17 of 2009 (State Vs. Hari and others), under Section 133 Cr.P.C., Police Station- Bhurkura, District- Ghazipur directing the opposite party nos. 2, 3 and 4 to remove permanent construction over public road (Chakroad) situated upon Araji No. 1736 area 0.006 hectare and Araji Shreni 6(2) of Araji No. 1729 at Village Alipur Madara, Police Station- Bhurkura, District- Ghazipur.
The grievance of the applicant is that despite the order dated 26.08.2018 passed under Section 133 Cr.P.C. for removal of nuisance from public pathway, the Sub Divisional Magistrate, Ghazipur is not complying with the aforesaid order and the encroachment continues to exist despite lapse of sufficient time.
Learned counsel for the applicant further submits neither the said order has been challenged by the opposite parties nor any stay order is operating.
In view of the above, the present application is disposed of with a direction, in case the applicant approaches the Sub Divisional Magistrate, Ghazipur along with a certified copy of this order, the said authority shall proceed, in accordance with law with regard to the implementation of the order dated 26.08.2017 as expeditiously as possible, preferably within a period of one month from the date of production of a certified copy of this order and remove the encroachment, if any, if there is no other legal impediment.
Order Date :- 23.3.2018 A. Singh