P K JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, who is an advocate himself has filed this petition saying that a person, namely, Riyaz Ahmad has made certain encroachment in front of his house, which is on the public road and, therefore, a direction be issued to the Nagar Nigam for removal of the encroachment. We find that the person against whom the relief is being sought has not been impleaded as opposite party in the writ petition. On this ground, the petition itself is not maintainable. Apart from this, in the absence of the party against whom, relief is being asked for, if any direction is issued or any interference is made, that may prejudice the rights of the said party. THE petitioner, if is aggrieved, is at liberty to approach the appropriate forum for removal of the encroachment or may approach the L.D.A. or the Nagar Nigam. THE pleadings are too short and absolutely vague for this Court for taking cognizance in the matter. We, therefore, while declining to entertain the petition, give the aforesaid liberty to the petitioner. THE petition is disposed of accordingly.