Brij Bhushan Mahto and Others vs State of Jharkhand and Others

P.P. Bhatt, J.—The present petitioners by way of filing this writ petition under Article 226 of the Constitution of India have prayed for issuance of writ/order/direction for commanding upon the respondents to direct the competent authority to remove the encroachment which has been made over common road by the respondent Nos. 4 and 5 or any alternative to direct the respondent No. 3 to conclude the pending proceeding initiated u/s 147 of Cr. P.C. being case No. M-148/09 within stipulated period. Upon hearing the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondent-State Government and on perusal of the materials placed on record, it appears that the proceedings are pending before the respondent No. 3 u/s 147 of Cr. P.C., vide case No. M-148/09 and therefore necessary direction is required to be issued upon the respondent No. 3 for expeditious disposal of the said case in accordance with law after giving an opportunity of being heard to the respective parties.

Accordingly, respondent No. 3 is directed to dispose of the proceeding initiated u/s 147 of Cr. P.C. vide Case No. M-148/09 after giving an opportunity of being heard to the respective parties within two months from the date of receipt/production of a copy of this order. With the aforesaid observation/direction this petition stands disposed of.