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2025 DAILYLAW 13269 (ALL)

SMT. ARTI DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/4309/2025 · 2025-05-05

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72415-DB Court No. - 21 Case :- WRIT - C No. - 4309 of 2025 Petitioner :- Smt. Arti Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Kumar Jaiswal,Tarun Kumar Sahu Counsel for Respondent :- Brijendra Kumar,C.S.C.,Harshit Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioner and Sri Harshit Pandey, learned counsel for respondent no. 4. 2. The prayer made in the instant petition is for issuing a writ of mandamus commanding respondents no. 2 to 4 to take action against the encroachers who have blocked the passage to the petitioners' house no. 14, Master Jaharul Hasan Marg, Katra, Police Station Colonelganj, District Prayagraj. 3. The case of the petitioner is that a small temple has been constructed on the narrow passage to her house and therefore action should be taken against the encroachers. 4. Learned counsel for the Nagar Nigam has obtained instructions, according to which, the land through which the petitioner is claiming passage is situated in the premises of bungalow no. 14, and the petitioner cannot be provided any passage through the private land. It is also stated that the dispute falls under the jurisdiction of the Development Authority. 5. The alleged encroachers have not been made party to the present proceedings. 6. In view of it, we decline to issue any direction and leave it open to the petitioner to avail such other remedy as may be advised. 7. The petition stands disposed of, accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.5.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad