PRAVESH KUMAR SAINI AND 9 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/21747/2025 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200143 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200143 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 21747 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J.
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the petitioners and learned standing counsel for respondents.
2. Pursuant to the order dated 10.07.2025, learned standing counsel has produced instruction dated 23.07.2025, which is taken on record.
3. Present petition has been filed seeking following relief:-
"ii). Issue a writ, order or direction in the nature of mandamus commanding and directing to respondents to take appropriate decision on the application dated 28.01.2025 moved by the petitioners regarding removal of the road materials lying on the land of the petitioner within stipulated time as per fixed by this Hon'ble court."
4. As per instruction, learned standing counsel submitted that road in dispute is not being constructed upon the land of petitioner which is subject matter in judgment and order dated 07.12.2013 passed in Civil Suit No. 1298 of
2005.
5. At this stage, learned counsel for the petitioners submitted that for redressal of their grievances, petitioners have filed representation dated 28.01.2025 before respondent No. 2, but till date no decision has been taken. Lastly, it is submitted that a direction may be issued to respondent No. 2 to decide the aforesaid representation within a stipulated time, for which learned standing counsel has no objection.
6. In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 2-District Magistrate, Kanpur Nagar to Versus Counsel for Petitioner(s) : R.K. Mishra Counsel for Respondent(s) : C.S.C. Pravesh Kumar Saini And 9 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
decide the representation of the petitioner dated 28.01.2025 in accordance with law maximum within period of six weeks from the date of submission of certified copy of this order.
7. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 2 to pass order after considering the relevant Rules as well as facts of the case. October 14, 2025 Sartaj WRIC No. 21747 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad