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2025 DAILYLAW 10413 (ALL)

MOHAN LAL v. STATE OF U.P. AND 6 OTHERS

WRIC/2239/2025 · 2025-03-09

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34556-DB Court No. - 29 Case :- WRIT - C No. - 2239 of 2025 Petitioner :- Mohan Lal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anil Kumar,Ayush Mittal Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Following order was passed on 23.01.2025:- ". Learned Standing Counsel has obtained instructions which is taken on record. 2. Instructions received by learned Standing Counsel clearly acknowledges the fact that plot no.161 is partially being used for construction of road. The revenue records indicate that plot no.161 is petitioner's bhoomidhari. 3. In such circumstances, we call upon the respondent no.3 i.e. District Magistrate, Mahoba to file his personal affidavit and clarify as to how petitioner's land is being utilized for construction of road without any acquisition or petitioner's consent. 4. We may observe that it is not a case of strengthening of an existing road but the respondents are laying fresh road which prima facie cannot be constructed without valid authorization in law. 5. Put up as fresh, once again, on 10.03.2025. 6. Interim order, granted earlier, shall continue till the next date of listing." 2. An affidavit is filed by the District Magistrate, Mahoba, as per which, the act of constructing road on petitioner's land has been discontinued and the bricks, grit etc. have been removed. Action has also been taken against the erring officer. Argument is that without consent or acquisition petitioner's land would not be utilized. 3. In view of the stand so taken, we find that no further grievance survives to the petitioner. Writ petition is, accordingly, consigned to records. Order Date :- 10.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad