Court No. - 73 Case :- CRIMINAL MISC. WRIT PETITION No. - 17249 of 2025 Petitioner :- Rajesh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Arun Kumar Sharma,Avinash Chandra Yadav Counsel for Respondent :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and perused the record. 2. The petitioner has filed this writ petition under Article 226 of the Constitution of India beseeching a writ of mandamus commanding the respondents, inter alia, for the following relief:- "(i) Issue a writ, order or direction in the nature of Mandamus directing to the respondents concerned to take action on the complaint of the petitioner and remove the obstruction (nuisance) from the public way which is used by the petitioner and other villagers situated at village Chandenamal Police Station Thana Bhawan, Shamli according to law in the light of 133 Cr.P.C (now 152 B.N.S.S 2023) and respondent concerned may directed to open the way of public use." 3. It has been submitted that having been aggrieved with the illegal encroachment made by the respondent No. 7 and 8, the present petitioner has made a complaint to the government authorities which was uploaded on the IGRS portal. After due enquiry, local police has submitted a report (annexure No. 1) disclosing the fact that an enquiry report under Section 133 CrPC has been sent to the concerned court. It is further submitted that despite the report submitted by the police under Section 133 CrPC, till date, no action has been taken by the authority concerned, namely, Sub- Divisional Magistrate (respondent No. 3), Shamli. Since the report submitted by the police was uploaded on the government website, being IGRS No. 40020624006094, no action has been taken by the respondent No. 3, until now. 4. Learned AGA has no objection, in case, a direction is issued to the respondent No. 3 for taking appropriate steps in pursuance of the report submitted by the police under Section 133 CrPC. 5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that Sub-Divisional Magistrate (respondent No. 3), before whom the aforementioned matter is pending disposal, shall consider and decide the same by passing an appropriate order, in accordance with law, expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order along with a self attested copy of the instant writ petition, if there is no other legal impediments. Order Date :- 7.8.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad