VIRENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 8 OTHERS
/11299/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186912 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186912 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11299 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent and Shri Ashutosh Bajpai, who appears on behalf of the Opposite party no.3- Executive Officer, Nagar Panchayat Bheera, District Kheri. 2. This petition has been filed by the petitioner for the following main prayers:-
"(i) To issue a writ, order or direction in the nature of Mandamus commanding and directing and restraining the Opposite party no.3 i.e. Executive Officer not to construct the incomplete road 3.6 feet depth in place of 15 feet depth, situated Nagar Panchayat Bheera, District Kheri, in the interest of justice. (ii) Any other such order or direction which deem fit and proper may kindly be passed in favour of the petitioner."
3. It is the case of the petitioner that a public road is being constructed by Nagar Panchayat Bheera in his Village in an incomplete manner instead of constructing the road to the full length of 15 Feet it is being constructed for only 3 and 1/2 Feet. The petitioner has already filed a Regular Suit No.787 of 2022 (Virendra Versus Counsel for Petitioner(s) : Subodh Kumar Pandey Counsel for Respondent(s) : C.S.C., Ashutosh Bajpai Virendra Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 8 Others .....Respondent(s)
Kumar Vs. Lal Singh and Others) before the Civil Judge (Junior Division), District Kheri seeking relief against the private Respondent nos.4 to 9 who have illegally encroached upon public way. The public way is 15 Feet in land however, instead of 15 Feet only 3 and half feet public way is now being Constructed/ Tiled by Nagar Panchayat Bheera which plaint prejudice the case of the petitioner as plaintiff in Regular Suit No.787 of 2022 as it will strengthen the arguments raised by the private respondents that they have not encroached upon the public way and the Nagar Panchayat has only constructed 3 and half feet of road. 4.
We dispose of this writ petition with a direction to the Respondent no.3- Chairman/ Executive Officer Nagar Panchayat Bheera, District Kheri, to look into the grievance of the petitioner and pass an appropriate order thereon within a period of three weeks from the date a certified copy of this order is produced before him. November 20, 2025 N.PAL WRIC No. 11299 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench