Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 106909 (ALL)

UMA SHANKAR v. State of UP AND 4 OTHERS

WRIC/37324/2024 · 2025-03-04

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:31446-DB Court No. - 29 Case :- WRIT - C No. - 37324 of 2024 Petitioner :- Uma Shankar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Krishna Chandra Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State- respondents. The petitioner's grievance is that the State authorities without any acquisition of his land or consent on his part, have started to construct paved road on his land. Taking cognizance of the grievance, we invited instructions from the concerned authorities. Instructions are received from District Magistrate, Mirzapur, which are taken on record. Its copy is given to the learned counsel for the petitioner. As per respondents, there exists a Chak road on Plot No.400 which is being used as passage by the villagers for long. The plot of the petitioner is Arazi No.398. In between 398 and 400, there exists a drain which is Plot No.399. According to the respondents, none of the land of the petitioner over Plot No.398 has been utilized for construction of road. From the materials placed on record, it appears that there are issues of demarcation and identity of the land over which paved road is constructed. Such issues of fact can always been got determined by the revenue authorities. Although it is stated that the revenue authorities have inspected the site and measured the plot but since the proceedings are not conducted in the presence of the petitioner, we dispose of the writ petition with a direction upon 2nd respondent to constitute a revenue team and get the petitioner's plot measured on the spot. If it is found that any of the land of the petitioner has been utilized for the State's scheme, the authorities will take appropriate decision to compensate the petitioner. Such action will be taken within a period of three months from the date of presentation of copy of this order before him. Order Date :- 5.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad