Jai Prakash Yadav vs State Of U P And Others

Court No. - 32

Case :- WRIT - C No. - 13587 of 2019 Petitioner :- Jai Prakash Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishek Kumar Chaubey Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.

This writ petition, inter alia, has been filed for the following relief;

"i. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to take appropriate action in regard to construction of the chak road no. 302 (from Junior High School upto Village Machchharmara approximately 1300 mtr.) which has been recorded chak road in the revenue record.

ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 2 to decide the representation dated 24.1.2019 and 11.2.2019 (Annexure No. 5) within stipulated time which is pending till date without passing any reasoned/speaking order.

iii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to take appropriate action in regard to illegal encroachment in the form of nali over the chak road no. 302 which has been recorded as chak road in the revenue record, public utility land. "

Heard learned counsel for the petitioner and learned Standing Counsel.

Considering the facts and circumstances of the case, we do not see any justification to interfere in the matter in exercise of the powers under Article 226 of the Constitution of India. However, it is open to the petitioner to seek appropriate remedy, if so advised, before the appropriate forum in accordance with law.

The writ petition is, accordingly, disposed of.

Order Date :- 25.4.2019/SR