P.P. Bhatt, J. - (1.) THE present petitioners by way of filing this writ petition under Article 226 of the Constitution of India have prayed for issuance of writ/order/direction for commanding upon the respondents to direct the competent authority to remove the encroachment which has been made over common road by the respondent Nos. 4 and 5 or any alternative to direct the respondent No. 3 to conclude the pending proceeding initiated under Section 147 of Cr. P.C. being case No. M -148/09 within stipulated period. Upon hearing the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondent -State Government and on perusal of the materials placed on record, it appears that the proceedings are pending before the respondent No. 3 under Section 147 of Cr. P.C., vide case No. M -148/09 and therefore necessary direction is required to be issued upon the respondent No. 3 for expeditious disposal of the said case in accordance with law after giving an opportunity of being heard to the respective parties.
(2.) ACCORDINGLY , respondent No. 3 is directed to dispose of the proceeding initiated under Section 147 of Cr. P.C. vide Case No. M -148/09 after giving an opportunity of being heard to the respective parties within two months from the date of receipt/production of a copy of this order. With the aforesaid observation/direction this petition stands disposed of.;