Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 11279 of 2019 Petitioner :- Ramvriksha Respondent :- State Of U.P And 6 Others Counsel for Petitioner :- Shriprakash Shrivastava Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This writ petition under Article 226 of Constitution of India has been filed with the following prayers:
(i) a suitable writ, order or direction in the nature of mandamus commanding the respondents to comply the order dated 22.2.2019 within stipulated period;
(ii) a suitable writ, order or direction in the nature of mandamus commanding the respondents authorites to remove the encroachment made by the respondents no. 5 to 7 in the aforesaid Sadak/Rasta Arazi No. 637, area 0.890 hectare situated at Mauza Rampur Gonaha, Tehsil Khadda, District- Kushi Nagar.
Heard learned counsel for the petitioner and learned A.G.A. for the State. Perused the record.
It has been made to appear by the counsel that some order was passed by the court of S.D.M. on 22.2.2019 but that orders are not being implemented. Therefore, a mandamus in that regard has been sought by the petitioner.
In the absence of complete record, this Court is not in a position to assess the exact status of the proceedings or the circumstances under which the said order, if any, is not being implemented. If a particular order has been passed by a court, it has ample power to ensure its implementation and for this purpose inherent jurisdiction of this Court or the powers of the Court to issue writ or mandamus is not needed to be invoked. However, this writ petition stands disposed of with the direction that the petitioner shall move another application expressing his grievance before the court concerned within one month from today. If any such application is moved by the petitioner, court concerned is required to look into the same and do the needful in accordance with law at the earliest.
Order Date :- 29.4.2019 Naresh