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Judgment
Vijay Kumar Shukla, J
The grievance of the petitioners is that the respondent No.3 is constructing a new course of water from a nearby construction and they are obstructing the use of a recognized road on Khasra No.813. The petitioner has already made a complaint to the Collector, District-Ujjain. The said complaint has been forwarded to the competent authority i.e the respondent No.2 Tehsildar, Tehsil-Ujjain but till this date no action has been taken on the said complaint.
Counsel for the petitioners submits that the competent authority is under obligation to take an action on his complaint under Section 133 of M.P Land Revenue Code which provides that if a Tehsildar finds that any encroachment or obstruction impedes the free use of a recognized road or path including those roads or paths recorded in the village Wajib-ul-arz or common land of a village or impedes the road or water course or source of water or drainage of water, he may order for removal of such obstacle.
After hearing learned counsel for the petitioners, I deem it proper to dispose off the present petition with a direction to the respondent No.2 to consider and decide the complaint of the petitioner in accordance with the law within a period of 4 weeks from the date of communication of the order, after affording an opportunity of hearing to the petitioners and the respondent No.3 by passing a reasoned and speaking order.
With the aforesaid, the writ petition is disposed off.