Court No. - 40
Case :- WRIT - C No. - 16784 of 2021 Petitioner :- Sughar Singh Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for respondent nos. 1 to 4.
This petition has been filed with the following prayers:
"i. issue a writ, order or direction in the nature of mandamus directing the respondent No.3 i.e. Sub-District Magistrate, Tehsil Takha, District Etawah to remove the illegal encroachment/possession from the petitioners land, encroached by the respondent No. 5 to 15 also provide proper possession to the petitioner after conducting the measurement of the petitioner's land which is situated at Village-Dharnagariya, Mauza- Murcha, Tehsil Takha District Etawah.
ii. issue a writ, order or direction in the nature of mandamus to direct the respondent no.3 i.e. Sub-District Magistrate, Tehsil Takha, District Etawah to decide the representation of the petitioners dated 16.12.2010, pending before them within stipulated time frame as fixed by this Hon'ble Court (Annexure No. 3 to the writ petition)".
From perusal of the prayer sought in this petition, it appears that the petitioner seeks removal of encroachments made by respondent nos. 5 to 15 from the land of the petitioner. The respondent nos. 5 to 15 are private parties and, therefore, the appropriate remedy for the petitioner is to file a civil suit seeking their eviction or such other remedy as he may be advised.
This writ petition is, accordingly, dismissed.
Order Date :- 27.7.2021 sfa/ (Jayant Banerji, J)