Writ petition seeking mandamus for a high-level inquiry into illegal road obstruction. Court, noting lack of documentary proof of public road status, held that remedy lies under Section 133 Cr.P.C. Petition dismissed with liberty to seek other remedies.
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Court No. - 40
Case :- WRIT - C No. - 33753 of 2021
Petitioner :- A.K. Srivastava Respondent :- State Of U P And 9 Others Counsel for Petitioner :- Kamleshwar Singh Counsel for Respondent :- C.S.C.,Brajesh Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Kamleshwar Singh, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
The instant petition has been filed praying for a mandamus commanding the District Magistrate, Sub-Divisional Magistrate and Chairman, Nagar Palika Parishad to hold a high level inquiry and take action against the persons who have allegedly grabbed a public road.
The petitioner alleges that there is a public road adjacent to his house, which has been illegally blocked by raising Pakka construction by the private respondents. A civil suit is stated to have been filed by one Jawala Prasad against Ram Shanker Srivastava in respect of the same Rasta. The petitioner claims that he has filed several applications before the executive authorities for taking action against the encroachers but the police being in collusion with them, has not taken any action.
On query made by the Court as to what is the evidence to show that it is public road, learned counsel for the petitioner could not place before us any public document. He invited our attention towards a sale deed of the year 1928 wherein according to him said Rasta is duly recorded.
Without going into the issue as to whether the alleged Rasta is public road or not, and assuming that the alleged Rasta is a public Rasta which has been illegally obstructed, the petitioner has remedy of getting it removed under Section 133 Cr.P.C.
In such view of the matter and without entering into the factual controversy sought to be raised in the instant petition, we dispose of the petition with liberty to the petitioner to avail such other remedy as may be available to him under law.
Order Date :- 3.1.2022
Imroz
(Dr. Y. K. Srivastava, J.) (Manoj Kumar Gupta, J.)
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus for removing the obstruction of alleged public road.
1 provisions across 1 enactments
A.K. Srivastava
State Of U P
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
