Smt. Madeena v. State of U.P. Thru. Prin. Secy. Home Lko.And Ors

Court No. -13 Case :-MATTERS UNDER ARTICLE 227 No. -30503 of 2021 Petitioner :-Smt. Madeena Respondent :-State Of U.P. Thru. Prin. Secy. Home Lko.And Ors. Counsel for Petitioner :-Rudra Pratap Pal,Jamadar Counsel for Respondent :-G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned AGA for respondent no. 1 to 3. Notices to respondent no. 4 and 5 are dispensed with in view of the proposed order. By this petition, the petitioner has prayed for the following relief:-

(1) To set aside the order dated 11.03.2019, passed by the learned Additional Sessions Judge -III, Gonda in Criminal Revision No. 314/2018 "Smt. Madeena Vs. Nanku and others", which is contained as Annexure No.1 to the petition. Learned counsel for the petitioner submits that the private respondents have intentionally blocked the public path of the petitioner and the competent authority has committed an error overlooking this fact. He further submits that due to blockage of the public path, the petitioner is suffering irreparable loss and injury. A perusal of order passed by the Sub Divisional Officer/opposite party no. 3 shows that upon the disputed land, there was no public path found by the SDM on the spot. Apart from the comments received by S.O., Paraspur as well as Tehsildar, SDM himself went on the spot along with revenue team and conducted inspection and came to the conclusion that there is no encroachment on any public path. The finding recorded by the learned SDM are extracted below:-

ममरमददरदददनदनक22.11.2018

कककमततयलमखपदलशतआलककककमदरवरदजसवदनरतककधनदवदशत

दशवरदमससनहवलमखपदलशतजदनचनदपदणडमयवशतदवनकदककमदरससनहवशतरदजदकशकरशतवदसतवकम

सदथवददसनखयदटत०201808300506489

मदतनदबनदमननककआददअनतररतधदरद133

द०प०

सनदहतदकदसथलतयदनरतकणदकयदरयद।मदतनदनमपकरदनतआबददतरदटदसनखयद456/8.6450 हम0 ममसम300

वररदफटकदबबनदमदरदमदमलनपकतभतखकसमसलयदथद।उकबबनदमदककचचहदतबबनदममममपकरबरदसतद, पशशचम

मकदनफकलचनद,

उतरमकदनददततयपकसलक कमतद

कमपदत,

ददकणमकदनइसमदइलअनदकतहब.

जबदक

मचकमपरदववदददतजमतनककचचहदतरदसतद(

सजसममटतनछकटकव ननकक

पकतबहददकरवइसमदइलपकतफतककद

मकदन(

इसमदइलममतक)

रफककपकतइसमदइलरदसतमकमवददछकटकआददकदमकदन,

पशशचममकदन फकलचनद,

उतरमकदनसलतमपकतककददकसवददकणमकदनअबदकलअलतमपकतअबबदसवददहह,

खडणजदव

अबदकलअलतमकदमकदनहब।इसदववदददतजमतनममसमकमवलमतनदपतनतसलककदहतदनकदसहब।अनय

दकसतकददनकदसनहहहब।खनडणजदयदरदसतदअदभलमखममअनदकतनहतहब।

पतदवलतपसतकतहहई।ममरमददरदददनदनक22.11.2018

ककरदजसवटतमकमसदथपककककउपशसथदतममसथल

दनरतकणदकयदरयदएवनपतदवलतपरउपलबधसमसतसदकयककदसमयकअवलककनदकयदरयद।सजससम

सपषहबदकमचकमपरसदवरजदनकमदररनहहहब।चकनदकपकरणआबददतसमसमबशनधतहब।वयदकरतमदररहमतक

वदददनतककसकमनयदयदलयममबददपसतकतकरअनकतकषपदपकरनदचददहए।इसनयदयदलयममवयदकरत

मदररहमतकपसतकतवददधदरद133

द०प०सनदहतदकमतहतपकषणतयनहकनमकमकदरणदनरसतहकनमयकगयहब। आदमश

अततउपरककतथयककमआधदरपरइसनयदयदलयममपचसलतवददकककदयरवदहतसमदपककजदततहब।सशतर

आदमशददनदनक24.12.2017

वदपससलयदजदतदहब।पतदवलतवददआवशयककदयरवदहतददसखलदफतरहक।" Against this order, a revision No. 314/2018 was filed by the petitioner before the Third Additional Sessions Judge, Gonda which was also rejected. Learned AGA has submitted that the petitioner by filing an application under Section 133 Cr.P.C. has tried to encroach the private property of the respondents. In the site inspection made by the SDM himself, no public path has been found to be encroached and thus, application under Section 133 Cr.P.C. has been dismissed and revisions has also been dismissed. On due consideration to the statements advanced as well as perusal of the record, so also the order passed by the SDM, Gonda dated 26.11.2018 as well as revisional order, I find no irregularity in the impugned order. The SDM himself has gone to the spot along with revenue team and has conducted inspection and found that although there are several persons residing nearby, however, only Madeena (petitioner) is using the disputed land as a pubic path and no other person is using it as a path (rasta). There is no mention of kharanja or path in the revenue records. No case for interference under Article 227 of India is made out in the order impugned. The petition lacks merits and is accordingly dismissed. Order Date :- 20.11.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench