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2025 DAILYLAW 166488 (ALL)

NITIN KUMAR PANDEY AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 5 OTHERS

WRIC/9413/2025 · 2025-09-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9413 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Mohan Singh, learned counsel for the Gaon Sabha concerned. 2. This petition has been filed with the following main prayers:- "i. issue a writ, order or direction in the nature of mandamus commanding the opp. parties concerned to protect the bhumidhari land of petitioners bearing gata no.268 Min, area 0.1850 hec. belonged to petitioners no.2,3,4,6, and 7, gata no.270 area 0.2560 hect. belonged to petitioner no.1 and 5 and gata no.247 area 0.4020 hect. belonged to petitioner no. 8, situated in village Larpur, Dakshin, Tehsil Jalalpur, District Ambedkar Nagar from illegal grabbing of the opp. parties concerned by means of widening of chak road 16 feets from actual chak road 8 feets 3 Inch, and also illegal construction of Nali of 3 feets, and also take necessary action against the opp. parties concerned in the interest of justice. ii. issue a writ, order or direction in the nature of manda mus commending the opp. parties concerned to consider and decide the application of the petitioner dated 13.9.2025 as contained in Annexute no.l to this writ petition in the interest of justice." 3. It has been submitted by learned counsel for the petitioners that respondents are encroaching upon the bhoomidhari land of the petitioners Versus Counsel for Petitioner(s) : Babu Ram, Sunil Kumar Counsel for Respondent(s) : C.S.C., Mohan Singh Nitin Kumar Pandey And 7 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others .....Respondent(s) and laying down khadanja and naali over it. The petitioners are the recorded tenure holder of Gata no.268Min./0.1850 hectare, Gata no.270/0.2560 hectare, and Gata no.247/0.4020 hectare, situated in Village Larpur Dakshin, Tehsil Jalalpur, District Ambedkar Nagar. The respondents are widening the chak road. The actual chak road is only 8 feet and 3 inches. Now, the respondents are constructing naali of 3 feet to the side of the chak road and thus, encroaching upon the bhoomidhari land of the petitioners and the Gaon Sabha is doing this out of political enmity. 4. Sri Mohan Singh, learned counsel for the Gaon Sabha, on the basis of instructions, states that the chak road is on Gata nos.246 and 266 and the original width of the chak road was 17 feet as marked in 2012-13. However, in 2013, when interlocking road was constructed, 3 feet on each side was left for construction of drain/naali. Now, drain has been constructed on 3 feet and 34 inches, left on each side. The petitioners are aggrieved as they do not want such naali/drain to be constructed as it would take away their land. 5. This writ petition is disposed of with a direction to the Sub Divisional Magistrate concerned to constitute a revenue team to demarcate Gata nos.246 and 266 afresh within a week from today, and if such demarcation is done, then any temporary encroachment on the chak road shall be removed. September 25, 2025 Sachin WRIC No. 9413 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench