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2025 DAILYLAW 192406 (ALL)

SANDEEP RAJBHAR v. STATE OF U.P. AND 3 OTHERS

WRIC/35529/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35529 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. Heard learned counsel for the parties. By means of present petition filed under Article 226 of the Constitution, petitioner has prayed for a following relief: "Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent on the application of the petitioner dated 15/05/2025 under Section 133 Cr.P.C./152 B.N.S.S. 2023 against the respondent no. 3 and 4 within stipulated time as may fix by this Hon'ble Court. " It is contended on behalf of the petitioner that earlier land was in village panchayat but now it has come in the territorial jurisdiction of local municipality and hence Sub Divisional Magistrate is competent authority to remove any unauthorzied encroachment upon public land. Learned Standing Counsel has no objection in the event petitioner raises his grievance by moving appropriate application before Sub Divisional Magistrate, Deoria. In the circumstances, we dispose of this petition with direction to the petitioner to make fresh application before Sub Divisional Magistrate, Deoria within a period of four weeks from today regarding unauthorized encroachment made on public way and in the event any such representation is filed, the same shall be considered and disposed of by competent authority within further period of four weeks after putting notice to the concerned parties. October 10, 2025 Sanjeev Versus Counsel for Petitioner(s) : Arvind Kumar Mishra, Devendra Mishra Counsel for Respondent(s) : C.S.C. ( Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Sandeep Rajbhar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad