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Neutral Citation No. - 2025:AHC:36366-DB Court No. - 29 Case :- WRIT - C No. - 3692 of 2025 Petitioner :- Krishan Gopal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Kumar Pandey Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Following orders were passed on 27.02.2025:
"Following order was passed on 10th February, 2025: Grievance is that land currently in use as playground is being encroached upon by the respondent-authorities for construction of road. It is submitted that impugned action is likely to effect the students and children of the area. Learned Standing Counsel prays for and is allowed ten days' time to obtain instructions in the matter. Post as fresh once again on 27th February, 2025." Pursuant to above order, learned Standing Counsel has obtained instructions from the District Magistrate, Etawah, which is taken on record. As per instruction, no road/paveway is being constructed in the play ground and that some equipments for playing of the children alone are being installed. However, perusal of page-11 of the instruction clearly goes to show that the play ground has been dug and wall is proposed to be constructed. The stand taken by the respondents in the instructions are in apparent contradiction to the photographs annexed along with the instructions. In that view of the matter, we call upon the District Magistrate, Etawah (respondent no.2) to file his personal affidavit by the next date. We also make it clear that no interference will be made with the land earmarked as play ground and its nature shall be restored/maintained. List this matter again on 4th March, 2025 as fresh." District Magistrate, Etawah has filed his personal affidavit clearly stating that no road is proposed to be constructed between the school and the playground. It is submitted that a boundary wall is
being constructed only to stop use of playground for passage by the persons living in the nearby vicinity. It is also submitted that the purpose for constructing the wall is merely to safeguard the playground for the use of the students of the primary institution and that no road etc. is proposed to be constructed on the land, which is earmarked as playground. In view of the stand taken by the respondents, we do not find any occasion to proceed any further in the present writ petition.
It is consequently consigned to records. Order Date :- 12.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad