CLASSIC HOSPITAL THRU. DIRECTOR AND PROPRIETOR DR.ABDUL RASHID SOFI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF TRANSPORT LKO AND 2 OTHERS
WRIC/7545/2025 · 2025-08-11
Manish Kumar, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155689 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155689 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46872-DB Court No. - 2 Case :- WRIT - C No. - 7545 of 2025 Petitioner :- Classic Hospital Thru. Director And Proprietor Dr.Abdul Rashid Sofi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Transport Lko And 2 Others Counsel for Petitioner :- Sheikh Wali Uz Zaman Counsel for Respondent :- C.S.C.,Shishir Jain Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel and Amit Sachan, learned Advocate, who has filed Power on behalf of Respondent Nos.2 and 3. 2. This petition has been filed with the following main prayers:
"i) issue a writ, direction or order in the nature of Mandamus commanding the opposite parties to consider and decide the representation dated 9.7.2025 (herewith annexed as Annexure No.1 to this writ petition). ii) Issue a writ, direction or order in the nature of Mandamus commanding the opposite parties to provide a broad pathway directly infront of Classic Hospital, to avoid congestion and easy pathway, in the interest of justice."
3. It has been submitted by the learned counsel for the petitioner that Respondent Nos. 2 and 3 are constructing an over-bridge on Trans-Ganga Route which joins Lucknow-Kanpur Expressway and enters Kanpur City through Trans Ganga Route. On the said route the petitioner is running a hospital by the name of Classic Hospital, Shuklaganj, Unnao. Since the over-bridge is being constructed over a railway track, a wall is now being constructed after half a kilometer, which will obstruct the entry of patients to the Hospital. The patients coming to the Hospital would have to travel more than half kilometer and then take a U-turn and then enter in the Hospital. The petitioner has already made a detailed representation dated 9.7.2025 to the Director i.e. Respondent No.2 but nothing has been done, hence, this petition has been filed. 4. Learned Standing Counsel has raised a preliminary objection regarding the wrong description of the Respondent No.1. He
says that the petitioner has impleaded Principal Secretary, Department of Transport, who has nothing to do with the matter. The counsel for the respondents have also pointed out that the DPR has already been approved and contractors have been engaged with specific drawings which need to be followed. No deviation in the DPR can be made now at this stage only on the representation of the petitioner.
He has produced before this Court the instructions received from Sri S.K. Suman, Deputy Project Manager, which is taken on record, and he has pointed out paragraph 2 thereof where it has been stated that this foundation work for the over-bridge is almost 100 per cent complete and the bridge itself is nearly 70 per cent completed. It would be difficult to now change the DPR. The Classic Hospital is situated on the service road of the bridge, which is coming up and it is more than 22 meters away from the midland/ A2 Abutment. The patients coming from Lucknow towards Suklaganj will have to travel just 22 meters on the service road to reach the Hospital. The patients traveling from Ganga Barrage will have to travel 250 meters and then take U- turn to reach the Hospital. The contention of the petitioner that the patients would have to travel 1 and 1/2 kilometers due to turning is incorrect. 5. It has also been stated that the over-bridge has two service roads on either sides which are 5.5 meters wide. 6. We do not find any good ground to interfere in the matter. 7. The writ petition is dismissed accordingly. Order Date :- 11.8.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench