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2025 DAILYLAW 170924 (ALL)

BHAGIRATH MISHR v. STATE OF U.P. THRU. SECY. RURAL DEVELOPMENT CIVIL SECTT. LKO AND 5 OTHERS

/11385/2024 · 2025-01-13

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2211-DB Court No. - 2 Case :- WRIT - C No. - 11385 of 2024 Petitioner :- Bhagirath Mishr Respondent :- State Of U.P. Thru. Secy. Rural Development Civil Sectt. Lko And 5 Others Counsel for Petitioner :- Abhishek Srivastava,Manoj Kumar Srivastava Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned Additional Chief Standing counsel for the State. 2. Leaned counsel for the petitioner says that the Gram Pradhan is undertaking construction of a drain/'Nali' at a place which is not required. In fact, construction of a 'Nali' across the road to join already existing 'Nali' would suffice as has been opined by the Assistant Development Officer (Panchayat), Behjan, Khiri in his communication to Block Delopment Officer, Behjan, Khiri. 3. Let the Block Development Office concerned look into the matter, as, we can not decide whether a drain as is being constructed or a cross drain as suggested by the petitioner should be constructed. 4. These are matters to be seen by the Gram Pradhan keeping in mind the interest of the villagers or the authorities concerned, if they have a role to play therein. 5. We, however, make it clear that if there is a temple which is being affected by construction of the 'Nali', then, it should be seen as to how for this aspect can be resolved. 6. The petitioner of Writ -C No. 9006 of 2024, namely, Hari Nam Shankar shall also be heard while taking such decision aforesaid. 7. With the aforesaid observations/directions, the writ petition is disposed of. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 13.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench