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2025 DAILYLAW 115331 (ALL)

PRIYA BHADAURIYA v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO AND 4 OTHERS

WRIC/153/2025 · 2025-02-18

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10868-DB Court No. - 2 Case :- WRIT - C No. - 153 of 2025 Petitioner :- Priya Bhadauriya Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko And 4 Others Counsel for Petitioner :- Ajeet Kumar Singh,Pradeep Kumar Tripathi Counsel for Respondent :- C.S.C.,Namit Sharma,Vinod Kumar Shukla Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. After hearing the parties what comes out is that Gata Nos. 53, 54 and 56 are recorded for chak road and the petitioner claims to be Bhumidhar of Gata No. 52, which falls in between. Now the chak road is said to be constructd from Gata Nos. 56 to 53 to provide access to certain persons, who have a house in a Colony built by the Society. The grievance of the petitioner is that house of the petitioner is being affected, whereas the counsel for Nagar Nigam says that the petitioner has encroached on Gata No. 54. This dispute cannot be adjudicated under Article 226 of the Constitution of India. The petitioner should move an application for demarcation of his Gata as per law and based on its result, the remedial meaures can be taken either by the petitioner or by Nagar Nigam, or whosoever is undertaking such construction. With these observations/directions the writ petition is disposed of. The petitioner is granted liberty to approach the concerned including the Nagar Nigam, raising his grievance in the matter, which shall be looked into and needful shall be done as per law. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 18.2.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench