Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 198908 (ALL)

KAMINI SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS

WRIC/10716/2025 · 2025-11-21

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10716 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 made the following main prayers:- "(i) To issue a writ, order or direction, in the nature of mandamus commanding the opposite party no.2, District Magistrate - Rae Bareli to decide the application dated 24.09.2025 submitted by the petitioner, as contents as ANNEXURE NO. 5 to this writ petition. (ii) To issue a writ, order, or direction in the nature of Mandamus Commanding the opposite parties to direct the opposite parties to not to disturb from the peacefull construction to the petitioner from the land Khasra No. 192 (Minjumila) area 100 square metres has been allotted as residential patta, which is situated at Gram Panchayat - Village Kishnupur Ramchandra Post- Ahiyapur Pargana And Tahsil - Sadar, District- Rae Bareli, Uttar Pradesh 229001, North- Khar, Ghoor & Gaddha (Pitch), South- 192 way, 192, East- Road, West- Banjar of 192, harass the petitioner illegally, in the interest of justice." 3. Upon perusal of the documents in the writ petition, it appears that a patta has been granted in the name of the petitioner way back in the year 1999. Furthermore, the petitioner is in possession of the said land and has submitted that since funds were not available with the Versus Counsel for Petitioner(s) : Anant Prakash Tewari, Ekta Sharma, Ramraj, Shambhavi Prakash Tiwari Counsel for Respondent(s) : C.S.C. Kamini Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others .....Respondent(s) petitioner to make a pakka construction, the petitioner has made a kachcha hut and was residing in the said premises. This contention is opposed by the learned Standing Counsel appearing on behalf of the State. However, there is no dispute with regard to the fact that the land in question has been in the possession of the petitioner. The petitioner now seeks to make a pakka construction with funds having been made available under the Pradhan Mantri Awas Yojana. 4. In light of the same, we do not see any reason as to why there should be any interference by the authorities with regard to the construction of the said house of the petitioner. 5. Accordingly, we direct the authorities not to disturb the peaceful possession and any construction that is being carried out by the petitioner in relation to the Pradhan Mantri Awas Yojana on the patta concerned. 6. With the above direction, the writ petition is disposed of. November 21, 2025 cks/- WRIC No. 10716 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench