Court No. - 3
Case :- WRIT - C No. - 24678 of 2020 Petitioner :- Sushil Kumar Tripathi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satyendra Prakash Srivastava,Ghanshyam Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard counsel for the petitioner and learned Standing counsel for the Respondent Nos. 1 to 4.
The prayer in this petition is to command the third respondent (Sub Divisional Magistrate) to consider and decide the grievance of the petitioner represented by him through representation dated 10.9.2020.
From a perusal of the representation it appears that there is some property dispute relating to a rasta between two private individuals who hail from a common ancestor.
Such a dispute can appropriately be addressed in regular civil proceedings. Moreover, since the dispute is between private individuals, we decline to entertain this petition and exercise our writ jurisdiction. Otherwise also, if a rasta is being obstructed a party aggrieved can take recourse to the provisions of Section 133 Cr.P.C.
The petition is, therefore, dismissed without prejudice to the right of the petitioners to take recourse to such other legal remedies as may be advised.
Order Date :- 7.1.2021 Manish Tripathi