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2025 DAILYLAW 110032 (ALL)

RAMESH AND 5 OTHERS v. STATE OF UP AND 3 OTHERS

WRIC/40800/2024 · 2025-03-09

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34500-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.26) Court No. - 21 Case :- WRIT - C No. - 40800 of 2024 Petitioner :- Ramesh And 5 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Arvind Srivastava,Rakesh Kumar Srivastava Counsel for Respondent :- Anjali Upadhya,C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is that a direction to the respondent authorities not to demolish the construction of petitioners existing over gata no. 148kha, 147ga, 147Da, 147ka, 146ka, 142ga and 146ga situated in Village Amarpur, Tehsil Sadar, District Gautambudh Nagar and not to extend the existing Rasta by use of the petitioners' land. 2. Sri Kaushalendra Nath Singh, learned counsel for the respondent Development Authority on instructions states that the Development Authority has not issued any notice to the petitioners to demolish their constructions nor they intend to take possession of their land without following due process of law. Learned Standing Counsel has also obtained instructions and submits that the stand of the State is also the same. 3. In view of the aforesaid stand of the respondents, we dispose of the instant petition by providing that the respondents will not demolish the constructions existing over the subject land nor take possession except in accordance with law. Order Date :- 10.3.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad