MANOJ CHAUBE AND 5 OTHERS v. STATE OF U.P. AND 5 OTHERS
WRIC/31796/2025 · 2025-10-07
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189190 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189190 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31796 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J. Heard Ms. Antima Rajbhar, learned Advocate assisted by Sri H.P.Tiwari, learned counsel for the petitioner and learned Standing Counsel. By means of present petition filed under Article 226 of the Constitution, petitioners are owner of plot no. 39,40,41 and 42 situated in village Chhiauna, Rjunpatti, Pargana kaudiya, Tehsil-Budhanpur, District Azamgarh, has prayed for a writ of mandamus commanding respondent no. 5 not to carry out any activity for laying down road etc. over and above plot in question and also not to dispossess them from plot in question. Learned Standing Counsel has obtained instructions in the matter in compliance of earlier order of this Court and placed the same before this Court, which are taken on record, copy whereof is also supplied to the learned counsel for the petitioner. From the perusal of the instructions, we find vide its clause 5 which is in the form of undertaking given by the authority that any construction activity including construction of road over and above land in question, shall be carried out only with the consent of the concerned tenure holders. In view of above, therefore, we find no necessity to issue any further direction as authorities themselves are conscious of the rights of tenure holders of land in question. We expect that before any construction activity is carried out, the authority will be having consultation with the owners of the property and will necessarily obtain their consent. With the aforesaid observations and direction, this petition stands disposed of. October 8, 2025 Sanjeev Versus Counsel for Petitioner(s) : Hari Prakash Tiwari Counsel for Respondent(s) : C.S.C. ( Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Manoj Chaube And 5 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad