- (1.) THE petitioners alleges that they are owners and in possession of plot no.218 and have filed the present writ petition praying that the respondents should be directed to demolish the pathway constructed over abadi plot no.218, which is cutting across from the middle of their house and that the abadi plot no.218 should be restored and possession be given back to the petitioners.
(2.) THE facts leading to the filing of the writ petition is, that the petitioners allege that they are owners and in possession of plot no.218 and that the local Gram Pradhan, who is envious of the petitioners has made the construction of the pathway, which is cutting across the house and open land of the petitioners. It is alleged that the Gram Pradhan had demolished a portion of the house, namely, the verandah and constructed a pathway. A complaint in this regard was lodged before the District Magistrate on 25th May, 2013 and a second complaint was made before the Sub -Divisional Magistrate on 27th May, 2013, who directed the Revenue Inspector to go to the spot and submit a report. The petitioners further alleged that the Revenue Inspector and the Lekhpal visited the spot and submitted a report to the effect that persons of a particular community are residing in that area since long and that a chak marg was existing six to seven months ago on plot no.218 but now a chak marg is being made where an old kaccha house existed and is not being made on the old rasta. It seems that no further action was taken on the said report.
(3.) THE petitioner contends that a letter petition was written by some villagers with ulterior motives to the High Court alleging that some powerful people have uprooted the paved path and requested that the letter may be treated as a petition in public interest and a direction be issued to the authorities to restore the pathway. It transpires that the Deputy Registrar, PIL Section of the High Court issued a letter dated 23rd July, 2013 to the District Magistrate to take necessary steps for reconstruction of the pathway and further take action against the miscreants under intimation to the Court. It is alleged by the petitioners that based on the said letter, the District Magistrate wrote a letter dated 31st July, 2013 to the Sub -Divisional Magistrate to take appropriate measures. It is further stated that the Sub -Divisional Magistrate along with police force visited the spot and constructed the pathway after demolishing the verandah of the petitioners.;