From the facts averred in para 3 and 6 (at page 12), it appears that the issue sought to be agitated in this petition for writ relates to some personal inconvenience to the petitioner. Be that as it may, this court on 27.03.2015 directed learned counsel for the petitioner to satisfy the court as to why the remedy provided under Section 133 of the Criminal Procedure Code, 1973 is not adequate and efficacious to be availed for redressal of the grievance in question. While meeting with the query learned counsel submits that under Article 226 of the Constitution of India this court is having ample power to issue necessary directions for removing encroachments from a public path. We are having no doubt about the authority available to a writ court, but at the same time we are also aware about the restraints required to be observed by a writ court to issue a writ, order or direction. In the instant matter the petitioner is having effective remedy under Section 133 CrPC, therefore, we are not inclined to examine merits of the issues agitated. We are of the opinion that the grievance of the petitioner can very well be examined by a competent Magistrate exercising powers under Section 133 CrPC.
