Lala Hardoul Sikshan Avam Samajik Sashthan Patera vs State Of Madhya Pradesh And Others

This writ petition in the form of Public Interest Litigation has been filed by Lala Hardoul Sikshan Avam Samajik Sasthan Patera, inter-alia, with the

prayer that the respondent No.5 be directed to remove the encroachment made by the respondent No.6- Mr. Yogesh Upadhyay on the lands of public

road by putting ballast and sands infront of Khasra No.1003, in part of Khasra No.990/1 and 106/1-2, near Pond, Municipal Council Patera, Ward

No.8, District Damoh (M.P.).

Learned counsel for the petitioner submitted that even though on the complaint made by the petitioner, the respondent No.5- Chief Municipal Officer,

Municipal Council Patera, District Damoh has issued a notice to the respondent No.6, but he has not taken any firm action for removing the

encroachment because the respondent No.6 happens to be a Ward Member of Municipality- Patera. It is contended that the respondent No.6 is

claiming that the land on which public road has to be constructed is his private land. Therefore, he has made illegal encroachment on the public road

and this matter also comes within the purview of public nuisance in the meaning of Section 133 Code of Criminal Procedure (CrPC).

Having regard to the facts of the case, we deem it appropriate to direct the respondent No.5 to take appropriate action on the representation/complaint

of the petitioner after serving notice on the respondent No.6 within a period of four weeks' from the date of production of copy of this order. If no

such action has been take by the respondent No.5 for removing the encroachment, it will be open for the petitioner to file appropriate application

before the Executive Magistrate/Sub-Division Officer concerned under Section 133 of CrPC, who shall do the needful as warranted under the law for

removing the encroachment after serving notices on the respondent No.6.

With aforesaid observations, the writ petition stands disposed of.