Court No. - 29
Case :- WRIT - C No. - 39677 of 2019 Petitioner :- Ritram Respondent :- State Of U.P. And 07 Others Counsel for Petitioner :- Thakur Prasad Dubey Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Subedar Mishra, learned Counsel for the petitioner and learned Standing Counsel for the respondent nos.1 to 3.
The petitioner by means of this writ petition wants that the private respondents be restrained from opening the Khai and naali (drain) situate in front of his house. It appears that a Naali and a Khai have been constructed in front of the house of the petitioner by the State authorities and the petitioner for the purposes of ingress to his house wants to put stone slates over part of it, but the same are being removed by the private respondents.
In connection with the above act of the private respondents, petitioner has moved an application under Section 133 Cr.P.C. before the respondent no.3, Sub Divisional Magistrate, Bareilly on 16.9.2019, a copy of which has been annexed as Annexure 3 to the petition.
In view of the aforesaid application on which, probably, no action till date has been taken, we dispose of this petition with the direction to the respondent no.3 to consider and decide the said application in accordance with law after giving complete opportunity of hearing to all parties concerned, if possible within a period of three months from the date of production of certified copy of this order.
Order Date :- 17.12.2019 S. Singh