Roop Raj vs State of Uttarakhand & others

By means of present writ petition, the petitioner seeks following reliefs, among others:

i) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 to 5 to comply the order dated 07.11.2006, passed by this Court in Writ Petition no. 654 of 2004, Smt. Bhagirathi Devi and others vs State of Uttaranchal and others and order dated 11.10.2012, passed by this Court in W.P. no. 2528 (M/S) of 2011, Roorp Raj vs State of Uttarakhand and others by acquiring the land, occupied as public path by the villagers. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 4 and 5 to complete the proceedings under Section 133 Cr.P.C. initiated in respect of the public path used by the villagers of village Ramri Aan

Singh, Area Fatehpur, Tehsil Haldwani, District Nainital.

2) Mr. M.C. Pande, Sr. Advocate for the petitioner confined his prayer only to the extent that a direction be given to respondent no. 5 / Sub Divisional Magistrate, Haldwani to decide the proceedings under Section 133 Cr.P.C. (criminal case no. 11 / 03 of 2013, Omkar and another vs Shyam Lal and others) pending before him at an earliest possible, in accordance with law, to which learned counsel for the respondents have no objection.

3) The writ petition is disposed of by directing the Sub Divisional Magistrate, Haldwani to decide the criminal case no. 11 / 03 of 2013, Omkar and another vs Shyam Lal and others, pending before him, at the earliest possible, without granting unnecessary adjournments to the parties, in accordance with law.

[All pending application in present writ petition also stands disposed of].