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Judgment
9 paragraphs · 271 wordsG.S. Ahluwalia, J
This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:
It is therefore most humbly and respectfully prayed that this petition may kindly be allowed and respondent may kindly be directed to remove the encroachment on the Public Road.
That, any other relief which this Hon'ble High Court may deem fit, with cost of the petition.
It is submitted by the counsel for the petitioner that the respondents have encroached upon the public road as well as in front of the house of the petitioner and no action has been taken to remove the encroachment and, accordingly, the petition has been filed seeking the aforesaid relief.
Considered the submissions made by the counsel for the parties.
The question involved in the writ petition involves disputed question of fact. Whether the respondents have encroached upon the public road or not cannot be adjudicated by this Court while entertaining the writ petition under Article 226 of the Constitution of India specifically when the petitioner has an efficacious remedy of approaching the competent authority under Section 187 of Municipalities Act.
It is submitted by the counsel for the petitioner that the Chief Municipal Officer, Municipal Council Indergarh has already issued a notice to the respondents for removal of their encroachment but no further action has been taken. Since the Chief Municipal Officer, Municipal Council Indergarh had already initiated proceedings under Section 187 of Municipalities Act, therefore, the petitioner can approach the competent authority for proceeding further with the matter under Section 187 of Municipalities Act.
With aforesaid liberty, the petition is disposed of.