W.P. dismissed for not entertaining the writ application as alternative remedies under CrPC section 133 are available to the petitioner for redressal of grievance regarding village road encroachment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) NO.926 of 2021
This writ application has been filed by the Petitioner as one of villagers of Suan under Basudevpur in the District of Bhadrak with a prayer to direct the Opposite Party No. 4 to evict the Opposite Party Nos. 5 and 6 from the illegal encroachment said to have been made by them over the village road.
Learned counsel for the Petitioner submits that in view of the encroachment of the village road by the Opposite Party Nos. 5 and 6 the villagers are being deprived of using the said road and they are put to serious inconvenience. He further submits that the Petitioner with other villagers although have brought this fact to the notice of Opposite Party No. 4, no such action has yet been taken. In this connection, he has drawn the attention of this Court to the record of right in respect of the said land under Khata No. 577 assigned with Plot No. 2173.
Learned counsel for the State submits that the allegations as made in the application said to have been sent by the villagers to the Opposite Party No. 4 appear to be vague and require thorough enquiry so as to ascertain the accurate position in the field. He also submits that the Petitioner can take recourse to the provision of section 133 of the Code of
Criminal Procedure or file suit in the Competent Court in proper form for redressal of the grievance.
Considering the submissions made and on going through the petition averments as also the documents annexed thereto, when it is seen that alternative remedies are available to the Petitioner in the matter; this Court is not inclined to entertain the application with the prayer as advanced therein so as to exercise the extra ordinary writ jurisdiction.
Accordingly, the writ application stands dismissed.
…………………
D. Dash, J.
Aks
1 issue framed by the court
Whether the alternative remedy of filing an application under section 133 of the CrPC precludes the Court from entertaining this writ petition for eviction of illegal encroachment?
1 provisions across 1 enactments
Villagers of Suan
Opposite Party No. 4
Opposite Party Nos. 5 and 6
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
