PRAFULL SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ DEPTT. LKO. AND 4 OTHERS
WRIC/8020/2025 · 2025-08-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158344 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158344 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8020 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondents, Shri Mohan Singh, learned counsel appearing for the Gaon Sabha and perused the record. 2. This writ petition has been filed by petitioner with following main prayers:
"i Issue a writ, order or direction in the nature of mandamus commanding the respondents to immediately stop the illegal construction of drainage (nali) on the petitioner's private land bearing Gata No. 263 and 265, Situated in Village Bahorikpur, Tehsil Akbarpur, District Ambedkar Nagar. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to remove the illegally constructed chak road (chak marg) from the petitioner's aforesaid land and restore its original status. iii. Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful possession of the petitioner over his lawfully recorded land without following due process of law."
3. It has been submitted by learned counsel for the petitioner that the petitioner is the permanent resident of Village and Post Bahorikpur, Tehsil Akbarpur, District Ambedkar Nagar and he is the recorded co- Versus Counsel for Petitioner(s) : Suresh Kumar Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh Prafull Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Lko. And 4 Others .....Respondent(s)
owner of land bearing Gata Nos.263 and 265 situated in the aforesaid Village. The Gram Pradhan of the Village is illegally and forcibly constructing a drainage (nali) over the petitioner's land. The petitioner had filed a complaint on 'Janata Darshan' program before the District Magistrate, Ambedkar Nagar. The District Magistrate had asked the Sub Divisional Magistrate, Akbarpur, who in turn directed the Block Development Officer to inquire in the matter and take appropriate action. The Block Development Officer had directed that no construction of drainage/nali shall take place without proper measurement by the revenue officials. In disregard to such directions of the Block Development Officer, the Gram Pradhan has again commenced illegal construction of drainage/nali over the petitioner's land. The petitioner has made a detailed representation to the District Magistrate, Ambedkar Nagar on 06.08.2025, but no heed was paid.
Hence, the petitioner has filed this writ petition with the aforesaid prayers. 4. Learned counsel appearing for the Gaon Sabha says that the construction is being carried out as per work plan approved in this regard by the Block Development Officer concerned. 5. The writ petition is disposed of with direction to the Gram Pradhan concerned to construct drainage/nali and chak marg/road/khadanja marg only on the land belonging to the Gaon Sabha after proper demarcation as taken place. August 25, 2025 Anupam S/- WRIC No. 8020 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench