PRABHAWATI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 5 OTHERS
/10760/2025 · 2025-11-19
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176977 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176977 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10760 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has sought for the following substantial reliefs:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party No.3 i.e. Sub-Divisional Magistrate, Tehsil Lambhua, District Sultanpur to restrain the Village Pradhan (opposite party no.6) from raising construction/Kharanja Marg over the bhumidhari land of the petitioner Gata 392 area 0.2440 hectare (earlier Gata Nos.152 & 153) situated in Village Arjo (Mahrani Paschim), Ishipur, Tehsil Lambhua, Block Pratappur Kamaicha, District Sultanpur. (ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party No.3 to consider and decide the representation of the petitioner in accordance with law within time stipulated by this Hon'ble Court."
3. Learned counsel appearing on behalf of the petitioner has relied upon an order passed by the Additional Commissioner (Judicial), Ayodhya Division, Ayodhya, wherein a stay is operational on the gata no.392, area 0.2440 hectare (earlier gata nos.152 & 153).
4. In light of above status-quo, we are of the view that the Gram Versus Counsel for Petitioner(s) : Dilip Kumar Pandey, Anurag Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Prabhawati .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others .....Respondent(s)
Pradhan and the authorities concerned should not act in any manner against the injunction order and no chak road should be constructed on the gata nos.152 & 153 on which there is an existing stay that is operational.
5. With the above direction, the petition is disposed of. November 19, 2025 Renu/- WRIC No. 10760 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench