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2025 DAILYLAW 163315 (ALL)

SMT.NEELAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS

WRIC/8787/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8787 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "To issue a Writ, Order or Direction in the nature of mandamus directing the opposite parties to remove the unauthorized construction and all kind of illegal encroachment of the road situated in front of the house of the petitioner situated at Gata no.1090 Minjumla, Village Mastemau, Pargana and Tehsil Mohanlalganj, District- Lucknow." 3. We have gone through the representation dated 05.04.2025 made by the petitioner to the Assistant Commissioner of Police, Gosaiganj, Lucknow. From the same, it is evident that the petitioner is aggrieved by the action of Smt. Prema w/o Hemu, resident of Mirjapur, Mastepur, P.S.- Sushant Golf City, who has taken over the land of raasta and is constructing a temple over it. 4. This petition is disposed of with a direction to the Assistant Commissioner of Police, Gosaiganj, Lucknow to submit a report to the Versus Counsel for Petitioner(s) : Manish Kumar, Vyomesh Chandra Shukla Counsel for Respondent(s) : C.S.C. Smt.Neelam .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others .....Respondent(s) Executive Magistrate under Section 152 of the B.N.S.S (Section 133 of the Cr.P.C.) after getting conducted an enquiry. The said report be submitted within a period of 15 days. The Executive Magistrate/ Competent Authority shall take a decision with regard to the alleged encroachment of public way by the private respondent within a period of four weeks thereafter. September 9, 2025 Rahul WRIC No. 8787 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench