RAJENDRA KUMAR SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 6 OTHERS
WRIC/11395/2024 · 2025-01-21
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170986 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170986 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3762
Court No. - 7 Case :- WRIT - C No. - 11395 of 2024 Petitioner :- Rajendra Kumar Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 6 Others Counsel for Petitioner :- Amit Kumar Awasthi,Shubham Shukla Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today is taken on record. The instructions provided by the learned Standing Counsel is also taken on record.
2. Heard learned Counsel for the petitioner as well as learned Standing Counsel.
3. The present petition has been filed with the following prayers:
"(i) Issue a writ order or direction in the nature of mandamus commanding/ directing the opposite party no.1 to 4 to smooth movement of villagers on public road again in the interest of justice. (ii) Issue a writ order or direction in the nature of mandamus commanding/ directing the opposite party no.1 to 4 to remove the illegal constructions on road made by the opposite party no.5 to 7 in the interest of justice."
4. The learned Standing Counsel based upon instructions states that no encroachment exists on the property in question.
5. The Counsel for the petitioner states that despite the instructions, certain construction material are lying on the road in question and the constructions are proposed.
6. The present petition is disposed off in terms of the instructions that no offending constructions are existing on the road in question, the respondents shall take steps for removal of the building material said to be lying over the property in question. It is further provided that in case, the petitioner is still aggrieved, he may move an appropriate application under Section 26 of the U.P. Revenue Code, which shall be considered and decided in accordance with law. Order Date :- 21.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench