Uttarakhand High Court
WPCRL/18/2023 on 5 January, 2023
Author: Sanjaya Kumar Mishra
Bench: Sanjaya Kumar Mishra
SL. Office Notes,
No. Date reports, orders or COURT'S OR JUDGE'S ORDERS
proceedings or
directions and
Registrar's order
with Signatures
WPCRL No. 18 of 2023
Shri Sanjaya Kumar Mishra, J.
Mr. V. C. Gupta, learned Senior Advocate assisted by Mr. Mahesh Chandra, learned counsel for the petitioner.
Ms. Manisha Rana Singh, learned A.G.A. and Ms. Shivali Joshi, learned Brief Holder for the State.
By filing this writ petition, the petitioner has prayed for the following reliefs:-
i. To order O.P.No. 3 to remove the obstruction and encroachment from public path way made by it in Khet No. 212 and 214 in Village Bhora Kot, Patte Ramghar, Tehsil and District Nainital as is established and recorded in the revenue record, for want of failure to establish the denial made on 16.03.2017 by O.P.No. 3 forthwith and on failure to do so by O.P.No. 3, the same may be removed and clear the public path way by adopting coercive methods including use of police or other force.
ii. Opp. Party No. 2 may be directed to decide the Criminal Case No. 11/10 of 2016-17 U/S 133 (1)(a) Cr.P.C. State Vs. Manager/Administrator, Madhuban Aashram, pending before Sub. Divisional Magistrate, Nainital (O.P. No. 2) after considering the denial of O.P.No. 3 in the manner prescribed under Section 138 read with Section 137 Cr.P.C. within stipulated time as this Hon'ble Court may deem fit and proper in the circumstances of the present case.
The innocuous prayer made by the petitioner is that his application filed under Section 133 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for brevity) may be directed to be disposed as early as possible by the SDM, Nainital.
Accordingly, the writ petition is disposed of directing the Opposite Party No. 2 to decide the Criminal Case No. 11/10 of 2016-17 registered under Section 133(1)(a) of the Code "State Vs. Manager/Administrator, Madhuban Aashram" within a period of 45 days of production of certified copy of this order.
Therefore, the writ petition is disposed of.
(Sanjaya Kumar Mishra, J.) 05.01.2023 (Grant urgent certified copy of this order, as per Rules) A/-