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2025 DAILYLAW 110894 (ALL)

DEVKI YADAV AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/41350/2024 · 2025-03-05

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32151-DB Court No. - 29 Case :- WRIT - C No. - 41350 of 2024 Petitioner :- Devki Yadav And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anand Kumar Srivastava Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioners want this Court to issue a direction to the Public Works Department to remove encroachment from the road situated in front of their house. The petitioners assert that the road shown in the map accompanying sale deed in their favour demonstrates existence of two and a half metre wide road, which belongs to Public Works Department. The house of the petitioners appears to situate in a private colony. The persons, who have encroached upon the road, have not been impleaded as a party respondent. It also appears that the road is an internal road of the colony and is not owned by Public Works Department. In such circumstances, there appears to exist a private dispute between the petitioner and some unknown individuals. Without such individuals having been impleaded as a party respondent, it would not be safe to issue any direction to the authorities to remove such persons. Even otherwise since the road apparently does not belong to Public Works Department, no direction can be issued to the State Authorities. Remedy of the petitioners would be to approach the competent civil court for necessary relief. Writ petition, accordingly, is consigned to record. Order Date :- 6.3.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad