Court No. - 21
Case :- WRIT - C No. - 2568 of 2019 Petitioner :- Subhash Chander Dwivedi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner is a practicing advocate of this Court. He has preferred this writ petition for the following relief:
"i) issue a writ, order or direction in the nature of Mandamus directing the respondent No. 4 to comply the order dated 01.01.2019 (Annexure No.5 to this writ petition) passed by the Respondent No. 3 directing the Respondent No.4 to restrain unauthorized construction over the public road."
From the record it appears that previously also the petitioner has preferred Writ-C No. 28116 of 2010 (Subhash Chandra Dwivedi v. State of U.P. & Ors.) which was disposed of on 19.5.2010 with the following direction:
"The petitioner's case in the writ petition is that he has already moved an application to the Sub Divisional Officer, Tehsil Karchana, District Allahabad in which the Sub Divisional Officer also issued a direction on 06.05.2010 to the Station House Officer, Dhurapur. Learned counsel for the petitioner submits that the application of the petitioner is referable to Section 133 CrPC and the Magistrate is fully competent to take appropriate action.
The issues which have been raised in the writ petition are issues of facts which can be examined either in proceedings u/s 133 CrPC or in a suit in a competent court. The petitioner having already approached the Sub Divisional Officer, the Sub Divisional Officer may look into the matter and take an appropriate action in accordance with law after giving due notice to the effected parties.
The writ petition is disposed of with the aforesaid observations."
From the material on record we find that the petitioner has made a representation dated 28.12.2016 to the third respondent who has passed some order seeking a report from the concerned official. A copy of the order of the third respondent is on the record as annexure-5 to the writ petition.
Taking into consideration the facts and circumstances of the case and since the grievance of the petitioner is under consideration of the third respondent, we hope and trust that the third respondent shall pass appropriate order in accordance with law expeditiously, preferably within two months from the date of communication of this order.
The writ petition stands disposed of. No order as to costs.
Order Date :- 28.1.2019 Digamber