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2025 DAILYLAW 160026 (ALL)

SMT.LAVALESH MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. U.P. AND 3 OTHERS

WRIC/8225/2025 · 2025-08-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8225 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-opposite parties and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s): "I. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondent number 2 to 4 not to make any such type of hindrance to the peaceful constructions of the front portions of the house of the petitioner known as baramda situated at GATA no.78 Village Khutehana Dadwa, Daswatia, District- Gonda. II. Issue any writ order or direction in the nature of Mandamus thereby directing the Opposite party no. 2 to 4 to ensure the compliance of the circular dated 27.10.2018 issued by the Director General of Police in strict manner." 3. It has been submitted by learned counsel for the petitioner that the petitioner's house is constructed in 'abaadi' land recorded as Gata No.78. The entire villagers have constructed their house in the said gata and are living since long. The petitioner's house was dilapidated and she wish to raise construction/repair the old house. The 'baramda' i.e. 'varanda' of the house in question was not in proper shape and because of rainy season, rain water used to enter into the house. The petitioner tried to raise construction, but the Village Pradhan namely Adyacharan, a retired Versus Counsel for Petitioner(s) : Anoop Kumar Upadhyay Counsel for Respondent(s) : C.S.C. Smt.Lavalesh Mishra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. U.P. And 3 Others .....Respondent(s) headmaster, in collusion with the police station i.e. Station House Officer, Motiganj, Gonda has stopped construction of such varanda. 4. Learned Standing Counsel, on the basis of instructions sent by Shri Arvind Yadav, Incharge Inspector, Police Station Motiganj, Gonda, says that the police are not interfering in any manner in the construction being made by the petitioner. The instructions are taken on record. 5. The writ petition is disposed of accordingly. August 29, 2025 Anupam S/- WRIC No. 8225 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