Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115935 Court No. - 34 Case :- WRIT - C No. - 37178 of 2024 Petitioner :- Bhagwat Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akshay Kumar Agarwal,Rishi Kant Rai Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to remove the nuisance/obstacle made by respondent no. 4, under Section 26 of the U.P. Revenue Code or under section 133 of Cr.P.C./section 152 VNSS, who illegally encroached the petitioner land as well as the public pathway of village and block the ingress and egress of petitioner."
2. It is contended that encroachment is standing over the public road and proceeding under Section 26 of U.P. Revenue Code, 2006 read with Section 133 Cr.P.C., now Section 152 of B.N.S.S. is pending consideration before the respondent no. 3 in form of an application moved by petitioner in the year 2023.
3. As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent No. 3 to conclude the proceeding under Section 26 of U.P. Revenue Code, 2006 read with Section 133 Cr.P.C., now Section 152 of B.N.S.S. initiated by petitioner, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
4. With the aforesaid direction, present writ petition stands
disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 17.7.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad