In PIL No. 1740 of 2019, the court held that the petitioner facing encroachment issues on Plot No. 1070 may approach the competent authority under Section 133 CrPC for an expeditious decision rather than relying on the PIL. The petition was disposed of.
Allowed to invoke Section 133 CrPC for expeditious decision; no order as to costs.
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Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1740 of 2019
Petitioner :- Ram Dular Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pavan Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, Sri Manoj Kumar Yadav for Gaon Sabha and the learned Standing Counsel.
The grievance of the petitioner is that some unauthorised persons have encroached upon Plot No. 1070 recorded as Marg situate at village Kochari, Pargana and Tehsil Madhiyahoon, district Jaunpur, as a result of which the residents of the locality and other persons are feeling inconvenienced.
Having regard to this grievance, it is open to the petitioner to invoke the provisions of Section 133 of the Code of Criminal Procedure, 1973 . The Court, accordingly, leaves it open to the petitioner to move an appropriate application before the competent authority for an expeditious decision thereon.
The petition is, accordingly, disposed of . There shall be no order as to costs.
Order Date :- 17.9.2019 faraz
1 issue framed by the court
Whether the petitioner can invoke Section 133 CrPC regarding unauthorized encroachment on Plot No. 1070.
1 provisions across 1 enactments
Ram Dular
State Of U.P.
Gaon Sabha
5 Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
