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2025 DAILYLAW 165898 (ALL)

SHUIB AHMAD AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 4 OTHERS

WRIC/9341/2025 · 2025-09-24

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9341 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Vakalatnama filed by Shri Subhash Chandra Pandey, Advocate on behalf of respondent no. 4 is taken on record. 2. Heard learned counsel for the petitioners, learned Standing Counsel, who appears for the State-respondent nos. 1 to 3, Shri Subhash Chandra Pandey, learned counsel for respondent no.4 and Shri Dilip Kumar Pandey, learned counsel for respondent no.5 and perused the record. 3. This writ petition has been filed by petitioners with following main prayer: "(I). issue a writ, order or direction in the nature of mandamus commanding the opposite party nos. 2 to 5 to stop digging of drain in field of farmers beside the chak road in Village Kewalpur Majra Thikra, Tehsil Mahmudabad, District Sitapur, in the interest of justice." 4. It is the case of the petitioners that they are recorded tenure holder of Gata Nos.108 and 109 in Tehsil Mahmudabad and the standing crops have been destroyed through JCB machine by the respondents only because his land/Gata Nos.108 and 109 are adjacent to the Chak Marg. 5. Learned Standing Counsel for the Zila Panchayat has placed before this Court instructions sent by the Upper Mukhya Adhikari, Zila Panchayat, Sitapur wherein it has been stated that Nala has already been recorded adjacent to the Chak Marg and that Nala/drain is only being paved on the basis of development plan approved for the district concerned and finances being provided by the 15th Finance Commission for the Financial Year 2024-25. Instructions are taken on record. 6. If that be so, this writ petition is disposed of with a direction to the Sub- Divisional Magistrate, Tehsil Mahmudabad to first demarcate the Chak Versus Counsel for Petitioner(s) : Rajesh Kumar Sharma, Neelam Verma Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Shuib Ahmad And 3 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s) Marg as mentioned in the revenue records on the basis of area indicated in the Khatauni, as shown in the village revenue map lying adjacent to the field of the petitioners and such Nala/drain shall be constructed by the Zila Panchayat and its Contractor only on area ear-marked for Nala/nali besides the Chak Marg. September 24, 2025 Pks WRIC No. 9341 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench