TAVREJ Vs. STATE OF U P

JUDGEMENT

(1.) The present Writ Petition has been by the Petitioner making the following prayers:

(2.) It is, inter alia, averred in the Writ Petition that the Respondent No. 7 won in the last election of the Pradhan of the Village in question; and that the Petitioner and his family members did not support the Respondent No. 7 in the said election and they supported the defeated candidate, and due to the said reason, the Respondent No. 7 and his family members kept enmity with the Petitioner and his family, and after winning the election, the Respondent Nos. 6 and 7 are constructing Road/Khadanja through the middle of the House and Baithka of the Petitioner; and that the Local Police and Tehsil Authorities are helping in illegal Acts of the Respondent Nos. 6 and 7; and that the Petitioner made a representation on 3.11.2010 before the Additional District Magistrate (Finance & Revenue), Azamgarh bringing the said fact to the notice of the Additional District Magistrate (Finance & Revenue), Azamgarh, whereupon the Additional District Magistrate (Finance & Revenue), Azamgarh directed the Respondent Nos. 3,4 and 5 to do the needful and stop the encroachment upon the land of the Petitioner, but no action has been taken by the Respondent-authorities; and that the father of the Petitioner made a representation on 29.11.2010 to the Respondent No. 2 in regard to the illegal Acts of the Respondent Nos. 6 and 7 and the Respondent Nos. 3 to 5 but till date no action has been taken; and that the land upon which the Respondent Nos. 6 and 7 are constructing Road/Khadanja, is situated just in the middle of the house and Baithka of the Petitioner.

(3.) It is not in dispute between the parties that the land in question is plot No. 442.