In brief the factual data of the case is that the Plot No. 650 measuring 0.049 hectare is recorded in the revenue records as a pond situated in the village Bhaluwahi, Tehsil Badlapur, District Jaunpur. The petitioner and respondent no. 4 Anil Kumar Upadhyay erected a boundary wall and blocked the flow of water through the drainage for the house of petitioner and others connected with the pond. Petitioner moved an application on 21.08.2021(Annexure nos. 1 and 2) to the writ petition before S.D.M. Badlapur, in Samadhan Diwas wherein respondent no. 2 directed the S.H.O. Badlapur for submission of report in respect of proceeding under Section 133 Cr.P.C. The S.H.O. submitted his report on 29.08.2021 in compliance of the above-stated order passed by respondent no. 2. He further moved an application Annexure no. 3 of writ petition before the respondent no. 2 for initiating the proceeding against the respondent no. 4, under Section 133 (1) of the Cr.P.C. Thereon, the respondent no. 2 passed the impugned order on 09.12.2021 directing the police authority Badlapur and for not taking any step for the compliance of the order passed by respondent no. 2 to which objections were filed by respondent no. 4, after a lapse of seven months.
