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2025 DAILYLAW 146031 (ALL)

YOGENDRA BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLY,LKO. AND 5 OTHERS

WRIC/5867/2025 · 2025-06-18

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35776 Court No. - 2 Case :- WRIT - C No. - 5867 of 2025 Petitioner :- Yogendra Bahadur Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supply,Lko. And 5 Others Counsel for Petitioner :- Rinku Kumar Verma,Dhirendra Pratap Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dhirendra Pratap Singh, learned counsel for the petitioner and Ms. Deep Shikha, learned Chief Standing Counsel representing the State-opposite party Nos.1 to 5. 2. By means of instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of a proposal of Village Panchayat Baras, Tehsil Dalmau, District Raebareli for construction of Annpurna Bhawan over the land bearing gata No.51 of the said village. The petitioner has also sought quashing of the sanction/ approval granted by the District Authorities for construction of Annpurna Bhawan on the aforesaid land. 3. Submission of learned counsel for the petitioner is that Annpurna Bhawan is being constructed for running a model fair price shop. It is necessary that commercial delivery vehicle should be able to reach the shops so as to deliver the foodgrains and other items at the shop. As per the petitioner, the passage from the main road to the Annpurna Bhawan is merely 8 to 10 feet wide and no truck can reach the site of proposed Annpurna Bhawan. 4. Learned Chief Standing Counsel has opposed the writ petition on the basis of written instructions provided to her by the Block Development Officer, Dalmau, Raebareli, who has informed that the site of Annpurna Bhawan is situated at a distance of 180 meters from Lalganj-Raebareli main road. This distance is covered by a kharanja road. 1 meter width is lying vacant on both sides of the kharanja road and thus the total width of the kharaja road is 5.50 meters. There will be no difficulty on passage of heavy vehicles on this 5.50 meters wide passage. A copy of the written instructions is taken on record. 5. Although, the learned counsel for the petitioner has disputed the correctness of the averment made in the written instructions that the passage is 5.50 meters wide, this Court cannot decide the disputed question of fact in exercise of its writ jurisdiction. 6. When the Authority concerned has given in writing that the site of the proposed Annpurna Bhawan is merely at a distance of 180 meters from the Lalganj-Raebareli main road and this 180 meters distance has a 5.50 meters wide passage on which heavy vehicles can move easily, this Court finds no good ground to entertain the writ petition. 7. The writ petition lacks merit and the same is dismissed. (Subhash Vidyarthi, J.) Order Date :- 18.6.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench