Allahabad High Court
Dr. Ajay Kumar Singh vs State Of U.P. And Others on 12 May, 2022
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- APPLICATION U/S 482 No. - 6053 of 2018 Applicant :- Dr. Ajay Kumar Singh Opposite Party :- State of U.P. and Others Counsel for Applicant :- Nirankar Singh,Sheo Narain Rao Counsel for Opposite Party :- Govt. Advocate,Arun Kumar Tripathi,Dileep Pandey Hon'ble Karunesh Singh Pawar,J.
Sri Dileep Pandey, learned counsel appearing for respondent no. 4 submits that he has no instructions to argue the matter and therefore, fresh notice may be issued.
On the other hand, learned counsel for the petitioner submits that deliberately the matter is not being allowed to conclude by the respondent no. 4 as earlier the respondent no. 4 filed a Writ Petition No. 3408 (M/S) of 2011, wherein vide order dated 31-05-2011, a direction was issued by this court to the S.H.O. concerned to remove the enchroachment forthwith. In compliance of the order dated 31-05-2011 passed by this court, the enchroachment was removed. Thereafter, Ram Raksha Singh, the petitioner in that petition, himself has enchroached upon the public path way. He submits that after the enchroachment was made by the respondent no. 4, the petitioner had approached the concerned Sub. Divisional Magistrate, who has passed an order under section 133(1) Cr.P.C. Those orders were challenged by the respondent no. 4 in the Criminal Revision no. 382 of 2015 and the said revision was allowed vide Judgment & order dated 26-05-2018, which are under challenge in this petition holding that the alleged path is not the public path.
It is submitted on behalf of the petitioner that the conduct of the respondent no. 4 is evident from the perusal of the revisional order as well as previous petition filed before this court wherein an order dated 31-05-2011 was passed. That is way the respondent no. 4 is not interested in arguing the matter.
In view of above, let fresh notice be issued to respondent no. 4 returnable at an early date.
List this matter on 06-07-2022.
Interim order granted earlier shall continue to operate till the next date of listing.
Order Date :- 12.5.2022 AKS