MANGAL PRASAD GAUR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:

(2.) It is submitted by the counsel for the petitioner that the respondents have encroached upon the public road as well as in front of the house of the petitioner and no action has been taken to remove the encroachment and, accordingly, the petition has been filed seeking the aforesaid relief.

(3.) The question involved in the writ petition involves disputed question of fact. Whether the respondents have encroached upon the public road or not cannot be adjudicated by this Court while entertaining the writ petition under Article 226 of the Constitution of India specifically when the petitioner has an efficacious remedy of approaching the competent authority under Sec. 187 of Municipalities Act.