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2025 DAILYLAW 127438 (ALL)

KALAWATI AND 11 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. RURAL DEVELOPMENT DEPTT. AND 4 OTHERS

WRIC/2325/2025 · 2025-03-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14057-DB Court No. - 9 Case :- WRIT - C No. - 2325 of 2025 Petitioner :- Kalawati And 11 Others Respondent :- State Of U.P. Thru. Prin. Secy. Rural Development Deptt. And 4 Others Counsel for Petitioner :- Piyush Pathak,Virendra Singh Yadav Counsel for Respondent :- C.S.C.,Mohan Singh,Raj Kr Singh Suryvanshi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioners and Sri Mohan Singh, Advocate, who appears for the respondent No.5 and Sri Raj Kumar Singh Suryavanshi, who appears for the respondent No.3 and the learned Standing Counsel, who appears on behalf of the State- respondents. 2. This petition has been filed with the following main prayers :- "(i) to a writ, order or direction in the nature of mandamus restricting the Opp-Party No. 3 to 5 from connecting the drain (nali) of the village Asadamau, Tehsil Haidargadh, District Barabanki, with the pond which is situated at Gata No.55 of the village Asadamau, Tehsil Haidargadh, District Barabanki, contacted as Annexure No.3 to the writ petition. (ii) to a writ, order or direction in the nature of mandamus commanding the Opp-Party No.2 to 5 to connect the drain (nali) of the village Asadamau, Tehsil Haidargadh, District Barabanki, with the Nala which is already running parallel to the path which is situated at Gata No. 56 of village Asadamau, Tehsil Haidargadh, District Barabanki, contained as Annexure no. 5 to the writ petition." 3. It has been submitted by the learned counsel for the petitioners that the respondents are trying to connect the drain (nali) of the village with the pond-in-question, which is situated at Gata No.55 of Village Asadamau, Tehsil Haidargarh, District Barabanki. It has also been submitted that one drain is running parallel, which is already situated at Gata No.56 of the same village. 4. The counsel appearing on behalf of the State- respondents, on the basis of instructions, says that the petitioners had approached the S.D.M., and an inquiry was conducted, and it was found that the petitioners are encroaching upon a pond. The pond is situated at Gata No.55. Proceedings under Section 67 of the U.P. Revenue Code have already been initiated, and notices have been issued against them. 5. This writ petition is disposed of with a direction to the Tehsildar concerned to give proper opportunity of hearing to all the petitioners in such proceedings and then pass an appropriate order strictly, in accordance with law. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 7.3.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench