- (1.) This Criminal Misc. Writ Petition under Article 226 of the Constitution has been filed by the petitioner asking this Court to issue a writ, order or direction in the nature of mandamus to the Sub-Divisional Magistrate, Machhali Shahar, Jaunpur, respondent no.3 to enforce his order absolute, dated 31.12.2016 passed under Section 133 Cr.P.C. by requiring him to do that in pending proceedings under Section 141 Cr.P.C.
(2.) Heard Sri Raj Kumar Tripathi, learned counsel for the petitioner, Sri S.K. Pal, learned Government Advocate assisted by Sri Indrajeet Singh Yadav, learned Additional Government Advocate.
(3.) A short background of facts that brought the petitioner to this Court are that the petitioner is a resident of Village and Post Sarai Bhogi, Police Station Surajganj, Pargana Gadawara, Tehsil Machhali Shahar, District Jaunpur. He claims to be a law abiding citizen. Though not pleaded specifically by the petitioner, what emerges is that he is the Bhumidhar of Khasra no.133, admeasuring 0.028 hectares, to the southern side of which there is a public road maintained by the Public Works Department, located in Khasra no.164. He claimed that respondents nos.5 to 7 have illegally encroached land of Khasra no.164, that is a public road, entered in the revenue records as Pakki Sadak, by constructing pakka houses over land of Khasra no.164. The extent of encroachment of the public road, thus made in Khasra no.164, was indicated to be one room constructed by respondent no.5, Shailendra Kumar Singh, one room by respondent no.6, Kewala Yadav and two rooms, one large sized, and, another small, by respondent no.7, Mahendra Yadav. It was claimed that between his land in Khasra no.133 and the public road in Khasra no.164, there was no other Khasra number(s), wherein the said respondents might have some right, title or interest, authorizing them to erect the offending constructions.;