High Court of Judicature at Allahabad
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Iftekhar Ahmed v. State Of U.P. And Others - WRIT - C No. 18383 of 2006  RD-AH 7203 (4 April 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
Learned counsel for the petitioner has sought the relief against the respondent no.5 who has made some encroachment in public land/passage. The learned Standing Counsel has submitted that if the petitioner is so aggrieved, he can move an application before the District Magistrate under Section 133 Cr.P.C. for removal of the public nuisance.
In view of the submissions made by the learned Standing Counsel, we are not inclined to entertain this petition.
The Writ Petition is, accordingly, dismissed. However, in case the petitioner files an application under Section 133 Cr.P.C. before the learned Magistrate concerned, we request the learned Magistrate to proceed in accordance with law expeditiously.
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