Disposed

Mahesh Prasad Shukla v. State of Up and 15 Others

Allahabad HC5 Aug 2024CRLP/9247/2024

Case brief

AI extract

What is this about?

The High Court, while hearing a writ petition seeking mandamus for compliance of an order under Section 133 Cr.P.C. passed by the S.D.M., Rohbtsganj, directed the petitioner to approach the S.D.M. directly for compliance instead of continuing the writ proceedings.

What did the court decide?

Petitioner directed to make an application before S.D.M. for compliance of their order of 05.12.2023.

Mahesh Prasad Shukla vs State of Up and 15… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126095

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Court No. - 82

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9247 of 2024

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Petitioner :- Mahesh Prasad Shukla Respondent :- State Of Up And 15 Others Counsel for Petitioner :- Anurodh Tripathi,Shyama Charan Tripathi

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Counsel for Respondent :- G.A.,Pradeep Singh

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Hon'ble Subhash Chandra Sharma,J.

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List revised. None appeared for the respondent even in the revised call.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record.

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The present writ petition has been filed with prayer to issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 to decide the claim of petitioner dated 29.01.2024 in pursuance of order passed by respondent no. 3 dated 05.12.2023 for removing the illegal encroachment on public way, expeditiously within stipulated period as fixed by this Hon'ble Court.

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It is submitted by learned counsel for the petitioner that in this case an order was passed on 05.12.2023 by S.D.M., Robertsganj, District-Sonbhadra under Section 133 Cr.P.C. in Case 6326 of 2015, but its compliance has not been ensured till now regarding which the petitioner moved an application before learned court of S.D.M. but no compliance has been ensured till now, therefore, request to direct the learned court of S.D.M. to get the order complied with.

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Learned A.G.A. has no objection in this regard.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. and the order passed by learned S.D.M. under Section 133 Cr.P.C. dated 05.12.2023, it appears that the aforesaid order was passed by learned court of S.D.M. and the petitioner is seeking its compliance. Therefore, the petitioner is to make an application in this regard before the learned court of S.D.M. (respondent no. 3)

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who will pass appropriate order in accordance with law and also try to comply its own order, if there is no legal impediment.

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Accordingly, this writ petition is disposed of finally with the aforesaid direction.

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Order Date :- 5.8.2024 Sunil Kr. Gupta

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Digitally signed by :- SUNIL KUMAR GUPTA High Court of Judicature at Allahabad

Mahesh Prasad Shukla v. State of Up and 15 Others

Case brief

What is this about?

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Mahesh Prasad Shukla v. State of Up and 15 Others

Case brief

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What did the court decide?

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