RAM PAL MISHRA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 5 OTHERS
/11471/2025 · 2025-12-09
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189994 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189994 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11471 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. We have heard learned counsel appearing on behalf of the parties and perused the material on record.
2. It appears that by an order dated 5th December, 2025, an order has been passed, whereby the petitioner has been injuncted from continuing his construction work.
3. Learned counsel appearing on behalf of the petitioner submits that the petitioner was not allowed to file any objection to the application made by respondent No.6 before the SDM concerned. In light of the same, he could not even file an objection to the same and the order that has been passed is ex parte in nature as he was never heard properly by the SDM. It appears that the petitioner has not even obtained the copy of the application filed by respondent No.6.
4. In light of the same, we direct the SDM to first provide a copy of the application to the petitioner and allow the petitioner seven days' time to file his objection. Once, the same is done, a proper hearing should be granted to the petitioner and respondent No.6, and thereafter, a fresh order should be passed by the SDM concerned.
5. The impugned order dated 5th December, 2025 is quashed and set aside with the directions as mentioned above. Versus Counsel for Petitioner(s) : Sandeep Kumar Pandey, Shitla Prasad Tiwari Counsel for Respondent(s) : C.S.C. Ram Pal Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 5 Others .....Respondent(s)
6. Accordingly, the writ petition is disposed of. December 9, 2025 Ashutosh WRIC No. 11471 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench