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Judgment
Sushrut Arvind Dharmadhikari, J
The grievance of the petitioner is that his house is situated in Mouza Polipathar Na.Ba.164, P.H.N.24/3, Gwarighat Ward/Dada Baburao Paranjpe Ward, Narmade Nagar, Tehsil & District Jabalpur having old Khasra No.24/138 part, New Khasra No.24/138/1 bearing Plot No.147. The private respondents are illegal occupants and have encroached the public road.
Being aggrieved, the petitioner had filed an application to remove encroachment before respondent No.2 on 06.09.2021. Thereafter, no action was taken by the concerned authorities and the petitioner moved to C.M. Helpline vide complaint No.158/1501 dated 11.11.2021. Thereafter, the Assistant Commissioner (Encroachment), Jabalplur Municipal Corporation has written a letter dated 21.12.2021 to the Tehsildar, Circle Gorakhpur, Jabalpur (M.P.) for demarcation of the road to find out as to whether the land is encroached or not. The Niab Tehsilar submitted its report dated 04.03.2022 (Annexure P/6) stating that the road has been encroached. Total width of road is 25 ft., in which 15 ft. is encroached and only 10 ft road is left. Learned counsel for the petitioner submits that the Commissioner, Municipal Corporation, Jabalpur to decide the complaint dated 08.03.2022 (Annexure P/8).
No notice to the respondents is required.
In the circumstances, respondent No.2 is directed to decide the complaint dated 08.03.2022 (Annexure P/8) taking into consideration report of the Naib Tehsildar, Gorakhpur Jabalpur, dated 04.03.2022 (Annexure P/6) by passing a reasoned and speaking order as expeditiously, preferably within a period of four weeks from the date of receipt of certified copy of the order. If it is found that road has been encroached then action to remove the encroachment shall be initiated in accordance with law after affording opportunity of hearing to all concerned.
This Court has not expressed any opinion on the merits of the case.
With the aforesaid, petition is disposed of.
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