Court No. - 21
Case :- WRIT - C No. - 10248 of 2018 Petitioner :- Uma Devi Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Mohd. Monis Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Grievance of the petitioner is that illegal encroachment is being made on the public road situated in front of his house.
From the pleadings, we find that a civil suit in this regard filed by the petitioner is pending.
Learned counsel for the petitioner when confronted with the observation of approaching the civil court, he informs that since the Bar is on strike, therefore, the matter is not proceeding.
This cannot constitute a reason to entertain the writ petition. However, still the petitioner has another remedy of approaching the Magistrate under the provisions of Section 133 Cr.P.C. in case any encroachment is made on public road.
In view of the above fact, we dismiss the writ petition leaving it open to the petitioner to either approach the civil court, where civil suit is pending or invoke the provisions of sections 133 Cr.P.C. if he is so advised.
Order Date :- 23.3.2018 Pramod