AMIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE AND 10 OTHERS
WRIC/558/2025 · 2025-02-19
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118417 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118417 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10877-DB Court No. - 2 Case :- WRIT - C No. - 558 of 2025 Petitioner :- Amit Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue And 10 Others Counsel for Petitioner :- Sameer Singh,Devansh Vikram Singh,Sakshi Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard. 2. Considering the order proposed to be passed, issuance of notice to private opposite party is dispensed with. 3. If the kharanja road is to be constructed on the land which is subject matter of the suit as detailed at the bottom of the plaint as 'अ','ब','स','द', then, of course, the same would be affected by the said suit, however, if it is to be constructed on any land beyond the suit property marked by 'अ','ब','स','द', then, there is no impediment unless there is any other impediment, but, at least as of now it is not mentioned in the order impugned. 4. We would have considered this aspect further if the report of the Block Development Officer, Jalalpur, Tehsil Jalalpur, District Ambedkar Nagar dated 02.08.2024 and the comments of the Land Management Committee dated 23.08.2024 placed before the Chief Development Officer vide letter of the Sub Divisional Magistrate dated 12.09.2025 before us. 5. Therefore, let the Chief Development Officer get the facts verified in the light of what has been stated hereinabove and take a fresh decision in this regard after hearing the petitioner and the opposite parties herein but only on the issue referred hereinabove i.e. whether the kharanja is sought to be constructed on the suit property marked as 'अ','ब','स','द' or not, if not, then what is the impediment in undertaking constructions of kharanja road. Let a decision be taken within one month of receipt of certified copy of this order. 6. Our order shall not be treated as conferring any right on the parties to the aforesaid suit and they shall be free to pursue their matter before the Court below and this order shall not be treated as granting any injunction in favour of the plaintiff of the said suit, but, it is only in the context of the reasons given in the impugned order. 7. The petition is disposed of in the aforesaid terms.
[Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 19.2.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench