Court No. - 39
Case :- WRIT - C No. - 3126 of 2019 Petitioner :- Yadunath Singh Yadav And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rajesh Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri M.S. Chandel, Advocate holding brief of Sri Rajesh Pratap Singh, learned counsel for the petitioners and learned Standing Counsel for the respondents no. 1 to 5.
The petitioners in the writ petition are seeking a direction to the respondents to remove the illegal encroachment of respondents no. 6 to 9 in the common path of the village. The two petitioners are stated to be owners of plot no. 1809, 1833, 1835, 1836, 1837, 1832 and 1848 situated in Mauja Chaudharypur, Tehsil Bilhaur, District Kanpur Nagar whereas the respondents no. 6 to 9 are stated to be owners of plot no. 1816, 1817, 1839, 1840 and 1841. It is stated that for the last 40 years the petitioners are using the path between the two sets of plot but now respondents no. 6 to 9 have encroached upon this path and are preventing the petitioners from use thereof. The petitioners in respect of their grievance are stated to have submitted a representation before the Respondent no.3-Sub-Divisional Magistrate, Bilhaur, Kanpur Nagar on 20.21.2018, Annexure-4 to the writ petition but it is stated that no order has been passed thereon.
No useful purpose would be served in keeping the petition pending.
This writ petition is therefore, disposed of with a direction to the Respondent no.3-Sub-Divisional Magistrate, Bilhaur, Kanpur Nagar to enquire into the matter and pass appropriate orders on the petitioners representation dated 20.12.2018, in accordance with law, within a period of two months from the date of receipt of a certified copy of this order in his office.
The Respondent no.3 shall be at liberty to conduct any such enquiry he may deem necessary after hearing the concerned parties.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 29.1.2019/Kirti