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2014 DIGILAW 756 (ALL)

Manoj Kumar Saxena v. State of U. P.

2014-03-04

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Hon'ble Dilip Gupta,J. 1. According to the petitioner, there is a public utility land between plot nos.390 and 399 situated within the jurisdiction of the Nagar Palika Parishad, Puwayan, District Shahjahanpur, on which there is a public road. However, it has been submitted that respondent nos.5, 6 and 7 are encroaching thereon and are attempting to raise a construction. As a matter of fact, it is alleged that the construction has already begun. 2. The record before the Court would indicate that the Sub Divisional Magistrate has already initiated proceedings on 8 August 2013 under Section 133 of the Code of Criminal Procedure, 1973. 3. Since the proceedings under Section 133 of the Code have already been initiated by the Sub Divisional Magistrate, without expressing any opinion on the correctness of the allegations which have been made against the private respondents, we direct the Sub Divisional Magistrate (the third respondent) to conclude the proceedings expeditiously, if the proceedings have not yet been concluded. This exercise shall be concluded as expeditiously as is possible. 4. We also clarify that the third respondent may, if necessary, direct appropriate interim measures after due notice to all the affected parties. The writ petition is, accordingly, disposed of. There shall be no order as to costs.