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2025 DAILYLAW 155601 (ALL)

GIRENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 5 OTHERS

/7411/2025 · 2025-08-04

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44979-DB Court No. - 2 Case :- WRIT - C No. - 7411 of 2025 Petitioner :- Girendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Petitioner :- Amit Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned Standing Counsel for State. This petition has been filed by the petitioner with the following main prayers : "(i) Issue a writ, order or direction in the nature of Mandamus for directing the State Authorities/ Respondent No-1 to 4 to stop unauthorized illegal turn of government village drain situated at Gata No- 1698/0.3160 hect Village Pasner, Tehsiil- Bilgram, and Distt-Hradoi. (ii) Issue a writ, order or direction in the nature of mandamus reinstitute/ to its original position as mentioned in the map of the village government village drain situated at Gata No- 1698/0.3160 hect. Village- Pasner, Tehsil- Bilgram, and District- Hradoi. (iii) Issue a writ, order or direction in the nature of mandamus for commanding the respondent no.2- 4 to prevent the agricultural field from damage caused by illegal turn of government village drain as it is causes the water to flow in agricultural field and the collection of water in the agricultural field damages the crop and leading to several health problems to villagers of Pasner, Tehsil Bilgram, and District-Hradoi." It has been submitted by learned counsel for the petitioner that the petitioner is a resident of Village Pasner, Tehsil Bilgram, District Hardoi. Several applications have been submitted by the villagers regarding illegal cutting/ encroachment/ obstruction of the village drain situated at Gata No.1698/0.3160 hect. It is submitted that the last such application, made by the petitioner and other villagers, was submitted on 30.11.2024 to the opposite party no.3/ Sub Divisional Magistrate, Tehsil-Bilgram, District-Hardoi. The writ petition is disposed of without entering into the merits of the case, with a direction to the opposite party no.3/ Sub Divisional Magistrate, Tehsil Bilgram, District Harodi to decide the application submitted to him regarding alleged encroachment/cutting of drain, as mentioned above, within a period of two weeks from the date a certified copy of this order is produced before him. While deciding the matter, the petitioner shall afford an opportunity of hearing to the alleged encroachers. Order Date :- 4.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench