BRAJESH KUMAR AND 12 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE U.P. LKO. AND 4 OTHERS
WRIC/4414/2025 · 2025-05-12
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139294 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139294 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27608 Court No. - 8 Case :- WRIT - C No. - 4414 of 2025 Petitioner :- Brajesh Kumar And 12 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue U.P. Lko. And 4 Others Counsel for Petitioner :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 to 3 has been accepted by the office of Chief Standing counsel. Sri Dilip Kumar Pandey learned counsel has accepted notice on behalf of respondent no.4. By means of the instant petition, the petitioners prays for following reliefs:-
"(i) To issue a writ order or direction in the nature of certiorari thereby quashing the proposal if any passed for constructions of the model fair price shop over the Gata no.167 and 170 situated in village Auderi, Pargana Shahar Sumali, Tehsil Shahabad, District Hardoi after summoning the same from its custodian. (ii) To issue a writ order or direction in the nature of mandamus commanding the opposite party no.1 to 4 to not evict or eject the petitioners from their houses situated over the gata no.167 and 170 situated in village Auderi, Pargana Shahar Sumali, Tehsil Shahabad, District Hardoi during the pendency of the Revision No.R20241033003881 Hari Nath vs Shiv Kumar pending in the Board of Revenue, Uttar Pradesh Lucknow. (iii) To issue a writ order or direction in the nature of mandamus commanding the opposite party no.1 to 4 to forthwith stop the construction work over the Gata no.167 and 170 situated in village Auderi, Pargana Shahar Sumali Tehsil Shahabad, District Hardoi during the pendency of the writ petition." Submission of learned counsel for the petitioners is that over Gata no.167 and 170 situated in village Auderi, Pargana Shahar Sumali, Tehsil Shahabad, District Hardoi. The respondent authorities are contemplating to raise constructions of model fair price shop. It is urged that the issue regarding the allotment of the fair price shop is already engaging the attention of the Board of Revenue
in Revision preferred by the present petitioners bearing Revision No.3881 of 2024 wherein on 26.11.2024 after entertaining the revision records of the trial court as well as the operation of the impugned order in Revision dated 08.11.2024 has been stayed.
Considering the aforesaid fact and noticing the prayer which has been made by the petitioners which is on the basis of an apprehension which has been expressed in para 32 of the petition, this Court, at this stage, is not inclined to entertain the petition. accordingly, the petition is dismissed leaving it open for the petitioners to raise their grievance before the appropriate authority as may be permissible to them law. It is made clear that Court has not examined the case of either of the parties on merits and the petition is dismissed simplicitor on the ground of availability of remedy before the appropriate forum. Order Date :- 12.5.2025 Harshita Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench