This writ petition praying for a mandamus to decide a 2006 representation regarding obstruction over a public road was disposed of without taking cognizance due to the age of the dispute.
Petition stood disposed of without taking cognizance of the dispute.
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Court No. - 40
Case :- WRIT - C No. - 35068 of 2021
Petitioner :- Kishandhari Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Parmatma Prasad Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant writ petition has been filed praying for a mandamus commanding the respondents to decide the representation of the petitioner dated 14.08.2006. In the said representation, the petitioner had prayed for taking action against private persons who had made construction over a public rasta obstructing his house. It is evident that when the said representation was filed, the third respondent made an endorsement thereupon for inquiry being held by the revenue officers. It is not clear from the facts stated in the writ petition as to what happened thereafter.
The application which the petitioner wants to be decided was filed in the year 2006. We are not inclined to take cognizance of the dispute on basis of an application filed in the year 2006.
In case, there is any obstruction made by any person over public rasta, it is open to the petitioner to seek remedy by way of duly constituted proceeding before competent authority.
Subject to the above observations, the petition stands disposed of.
Order Date :- 10.1.2022 Pratima
(Dr.Y.K.Srivastava,J.) (Manoj Kumar Gupta, J.)
1 issue framed by the court
Whether the court should take cognizance of a dispute arising from an application filed in 2006 in a writ petition filed in 2021.
Kishandhari Kushwaha
State Of U.P.
2 Others
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
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