In a recent judgment, the Allahabad High Court at its Lucknow Bench dismissed a writ petition challenging the orders for removal of alleged illegal encroachments. The case, Criminal Misc. Writ Petition No. 5099 of 2024, was presided over by Justice Shamim Ahmed. The petitioners, Madhav Raj and another individual, sought the quashing of orders dated 10.05.2024 and 03.10.2022 issued by the Additional Sessions Judge, Court No.4/Special Judge (E.C. Act), District-Gonda, and the Sub Divisional Magistrate, Tehsil-Colonelganj, District-Gonda, respectively.
Case Background:
The legal battle began when respondents Nos. 4 to 8 filed an application under Section 133 of the Cr.P.C. before the Sub Divisional Magistrate, Colonelganj, District-Gonda, seeking the removal of alleged illegal encroachments by the petitioners. The police report from Police Station-Kotwali Dehat, District-Gonda, submitted on 03.12.2021, supported the claims of encroachment on a public way and the pathway of the respondents. However, the petitioners contended that the naksha najri (site plan) indicated the availability of an unpaved road from another side, suggesting no illegal encroachment on their part.
The Sub Divisional Magistrate’s order dated 03.10.2022 directed the police to remove the encroachment. Aggrieved, the petitioners filed a criminal revision (Criminal Revision No. 430 of 2022), which was subsequently dismissed by the Additional Sessions Judge on 10.05.2024.
Legal Issues:
The primary legal issues in this case revolved around:
1. The validity and propriety of the orders issued by the Sub Divisional Magistrate and the Additional Sessions Judge.
2. Whether the encroachment claims were substantiated by the evidence on record.
3. The appropriate legal remedies available to the petitioners if they claimed to be wrongly accused of encroachment.
Court’s Decision:
Justice Shamim Ahmed upheld the previous orders, dismissing the petition on the grounds that both the Sub Divisional Magistrate and the Additional Sessions Judge had acted appropriately within their jurisdiction after careful consideration of the police report and evidence.
Important Observations:
The court made several critical observations, emphasizing the importance of maintaining public order and the necessity of lawful removal of encroachments. One notable observation from the judgment was:
“The order passed by the learned Sub Divisional Magistrate, Colonelganj, Gonda dated 03.10.2022 is just and proper as the same has been passed after considering the police report and the entire evidence available on record.”
Conclusion:
The Allahabad High Court’s decision reinforces the principle that encroachments on public pathways cannot be tolerated and that such orders by magistrates, when backed by substantial evidence, will be upheld to ensure public order. The court’s judgment underscores the need for proper legal remedies and adherence to lawful procedures in property disputes.
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Parties Involved:
– Petitioners: Madhav Raj and another
– Respondents: State of U.P. through Principal Secretary, Home Department, Lucknow, and others
– Counsel for Petitioners: Amitesh Pratap Singh, Abhijeet P. Singh Chauhan, Naveen Kumar Singh, Shesh Ram Yadav
– Counsel for Respondents: General Advocate (G.A.), Purnima Mayank
