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2025 DAILYLAW 132706 (ALL)

PRAVEEN KUMAR MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ LKO. AND OTHERS

WPIL/348/2025 · 2025-04-16

Ajai Kumar Srivastava I, Attau Rahman Masoodi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21268-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 348 of 2025 Petitioner :- Praveen Kumar Mishra And Another Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Lko. And Others Counsel for Petitioner :- Adarsh Kumar Maurya,Shubham Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners, Ms. Isha Mittal learned Additional Chief Standing Counsel for the State and Sri Pankaj Gupta learned counsel who has put in appearance on behalf of the Gram Panchayat. 2. Learned counsel for the State on the basis of instructions has stated that the resolution of the gram panchayat which was passed in relation to gata no. 162 measuring 0.031 hectares was not approved by the district authorities as the barren land available in the said gata was lessor in area, therefore, the Land Management Committee passed a fresh resolution for construction of the homeopathy hospital upon gata no. 161-kha measuring 0.148 hectares. It is also submitted that the land which has been chosen for construction of homeopathy hospital is connected to the main road and has an easy access. 3. All these factors have been weighed and taken together for the purposes of taking a decision on construction of the homeopathy hospital upon the gata no. 161-kha. 4. Learned counsel for the petitioners is unable to satisfy as to how sufficiency of the land upon gata no. 162 was assessed to be sufficiently good for the purpose of construction of the homeopathy hospital particularly when the same is also not so well connected with the main road providing an easy access to the local residents. 5. Having regard to the instructions and the stands put- forth before us, we do not find any reason to interfere in the ongoing construction of the homeopathy hospital at gata no. 161-kha. 6. The writ petion bereft of any merit is accordingly dismissed. . [Ajai Kumar Srivastava-I,J.] [Attau Rahman Masoodi, J.] Order Date :- 16.4.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench