HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3240 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionists, learned A.G.A. for the State, learned counsel for the opposite party no. 3 and perused the material on record. 2. The present revision has been filed against the order dated 19.04.2024 passed by the learned Sub Divisional Magistrate, Tehsil Chaurichaura, District Gorakhpur in Case No. 1359 of 2023 (State Vs. Jagdish Maurya/Amit Tiwari and Others), by which revisionists was directed to remove the encroachment i.e. iron gate installed on the public pathway. 3. Learned counsel for the revisionists has submitted that, though the iron gate has been installed, but it was never locked and the same is being used for public passage. Learned counsel for the revisionists has further submitted that the said property has been inherited by the revisionists and hence, the question of any encroachment on the public land does not arise. 4. Per contra, learned counsel appearing on behalf of the opposite no. 3 has submitted that the order passed by the learned Sub Divisional Magistrate, Tehsil Chaurichaura, District Gorakhpur is in accordance with law and the learned Sub Divisional Magistrate, Tehsil Chaurichaura, District Gorakhpur, while exercising powers under law, has rightly directed the revisionists to remove encroachment on public land. Learned counsel for the opposite party no. 3 has further submitted, that plea of revisionists that the opposite party no. 3 is a local Advocate and he is in habit of filing the false and frivolous cases against the revisionists and others and opposite party no. 3 himself has encroached upon the public land, for which he is not authorized to do so and Versus Counsel for Revisionist(s) : Hari Shankar Chaurasia Counsel for Opposite Party(s) : G.A., Sudhanshu Pandey Amit Tiwari And 2 Others .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) prayed that the present revision is liable to the dismissed. 5. Having regard to the rival contentions made by the learned counsel for the parties, the order passed by the learned Sub Divisional Magistrate, Tehsil Chaurichaura, District Gorakhpur, under Section 133 Cr.P.C appears to be in accordance with law, as much as, the only direction which has been given to the revisionists is to remove the iron gate, which falls within the periphery public way and, therefore, any encroachment made over the public land has to be removed by the concerned authorities. There is no illegality, appears to be in the order passed by the the learned Sub Divisional Magistrate, Tehsil Chaurichaura, District Gorakhpur. However, it is further directed that the learned Sub Divisional Magistrate, Tehsil Chaurichaura, District Gorakhpur shall conduct the detailed survey and find out, as to whether, there is any encroachment within the territorial of jurisdiction assigned to the learned Sub Divisional Magistrate, Tehsil Chaurichaura, District Gorakhpur, in Chaurichaura area and as such, if any, unauthorized encroachment is found, the same shall be reported to the District Magistrate, Gorakhpur and thereafter the learned Sub Divisional Magistrate, Tehsil Chaurichaura, District Gorakhpur on instruction from District Magistrate shall take appropriate steps to remove such encroachment, so that the public interest does not suffer in an any manner whatsoever. The said exercise shall be completed within a period of six months from today. 6. With the aforesaid direction, the present revision stands disposed of. October 14, 2025 Vikram CRLR No. 3240 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad