Tarkeshwar Prasad Smarak Gram Utthan Evam Shiksha Samiti v. Ziladhikari District Ambedkar Nagar [P. I. L. ]
2015-11-19
ANANT KUMAR, DINESH MAHESHWARI
body2015
DigiLaw.ai
JUDGMENT The petitioner, said to be a society established for taking steps in public interest, has filed this writ petition seeking to state grievance that the authority concerned ought to ensure that the land of the way is not encroached over and inconvenience is not caused to the public. 2. The submissions are made particularly in relation to the area in question said to be situated at village Mubarakpur Pikar, Kamalpur. The allegations are essentially against the respondent No.4 that he is seeking to raise construction on the land of way. 3. Learned counsel for the petitioner seeks to argue that the authorities concerned are not taking appropriate steps despite complaints and representations made. 4. From a perusal of the material placed on record, it appears that the petitioner made an application under Section 133 of Code of Criminal Procedure in this matter before the Sub-Divisional Magistrate, Alapur on 30.10.2015, whereupon the SDM directed the concerned police officer to prevent illegal construction, if being made on the land of the way after making inquiry and to ensure maintenance of public peace. Therefore, it cannot be said that the authorities have totally ignored the submissions of the petitioner. 5. If the grievance of the petitioner still subsists and if further orders are considered requisite under Section 133 Code of Criminal Procedure, the petitioner is always free to move appropriate application before the authorities concerned. This apart, the petitioner is also free to take recourse of appropriate remedies in accordance with law in relation to the present dispute but in the given set of facts and circumstances, we are not inclined to entertain the present matter as a public interest litigation at this stage. Subject to observations foregoing, this petition stands dismissed.