In a writ petition regarding alleged encroachment over a chak road, the court held that such existence is a disputed question of fact unsuitable for writ jurisdiction and dismissed the petition.
The writ petition is dismissed. The petitioner is advised to seek remedy under Section 133 Cr.P.C.
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Court No. - 9
Case :- WRIT - C No. - 14727 of 2019
Petitioner :- Manoj Kumar Prasad Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Navin Kumar Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
The grievance of the petitioner in this writ petition is that there is encroachment over a chak road situated adjacent to the petitioner's chak.
Earlier, on a P.I.L. being filed, the respondent no. 4, the Tehsildar, was directed to take appropriate proceedings on the complaint of the petitioner.
On the proceedings being drawn, a report has been filed by the Lekhpal that there were certain temporary encroachments upon the chak road which have since been removed.
Before this court, the contention of counsel for the petitioner is that in fact, the encroachment has not been removed.
The existence of the encroachment under the circumstances is a disputed question of fact which cannot be decided in a writ petition.
In my considered opinion, the proper remedy available to the petitioner in the facts and circumstances is by means of proceedings under Section 133 Cr.P.C., because a public pathway, has allegedly been encroached and obstructed.
In case so advised the petitioner may avail the remedy under Section 133 Cr.P.C.
Subject to the above, this petition fails and is dismissed.
Order Date :- 29.4.2019
sweta
3 issues framed by the court
Whether a writ petition is the appropriate remedy for an alleged encroachment over a chak road.
Whether the existence of encroachment is a disputed question of fact actionable in a writ petition.
Whether Section 133 Cr.P.C. provides the proper remedy for alleged obstruction of a public pathway.
Manoj Kumar Prasad
State Of U.P.
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
