NEETU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF URBAN DEVELOPMENT GOVT. OF U.P. LKO. AND 2 OTHERS
WRIC/7718/2025 · 2025-08-18
Brij Raj Singh, Sangeeta Chandra
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 157375 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157375 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48014-DB Court No. - 2 Case :- WRIT - C No. - 7718 of 2025 Petitioner :- Neetu And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners and learned Standing Counsel, who appears on behalf of the State-Respondents. This petition has been filed by the petitioners with the following main prayers :
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notification dated 20.03.2025 after, summoning the same by which the name of petitioners village Purva Khempur, Gram Panchayat Jaitpur, Nawabganj, Tehsil Tarabganj, District Gonda has been wrongly included in the extension of territorial limit of the Nagar Palika Parishad, Nawabganj, Gonda, so far it relaxes to the petitioners' village, where more than 90% land is agricultural and poor persons are living and fulfilling their basic need from the resources of implemented rural schemes time to time by the Central Government as well as State Government. (ii) Issue a writ, order or direction in the nature of Mandamus commanding opposite parties to exclude the revenue village Khempur, Gram Panchayat Jaitpur from the notification dated 20.03.2025 which has more than 90% agricultural land dependency and situated far away from the territorial limit of Nagar Palika Parishad, Nawabganj, Gonda and include adjacent villages, which has been indicated in sub paragraph of paragraph 3 of this writ petition which are fulfilling
the criteria for declaration as urban area. (iii) Issue a writ, order or direction in the nature of Mandamus
commanding
opposite
parties specifically opposite party no.3 to consider and decide the objection dated 25.07.2025 made before opposite party no. 3 by the petitioners and elected members of the gram panchayat Jaitpur contained as Annexure No.1 to this writ petition, by passing a reasoned and speaking order before making the final notification under Section 3 of U.P. Municipalities Act, 1916 for inclusion of revenue Village Purva Khempur, Gram Panchayat Jaitpur, Nawabganj, Tehsil Tarabganj, District Gonda, for extension of territorial limit of Nagar Palika Parishad, Nawabganj, District Gonda."
Learned counsel for the petitioners submits that there is a proposal to include Village Purva Khempur, Gram Panchayt Jaitpur, Nawabganj, Tehsil Tarabganj, District Gonda within the limits of Nagar Palka Parishad. The petitioners have filed an objection on 25.07.2025 against such proposal. The said proposal has not been decided. This petition is disposed of, without entering into the merits of the case, with a direction to respondent no.3, District Magistrate, District Gonda to consider the petitioner's objection dated 25.07.2025 before issuance of the final notification and decide the same by a speaking and reasoned
order.
Order Date :- 18.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench