HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10068 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri M.K. Dixit, learned counsel for Nagar Panchayat, Sidhauli, District Sitapur. This writ petition has been filed by the petitioner for the following reliefs :- (i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties particularly the opposite party no.2 to look into the matter for restraining unnecessary construction of roadside house at adjacent to the house of the petitioner by the opposite party no.3 in accordance with law. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to take decision upon the application moved by the petitioner, contained as Annexure no.4 to the writ petition and to look into the matter for restraining unnecessary construction of roadside house at adjacent to the house of petitioner by the opposite party no.3 in accordance with law. It is the case of the petitioner that he has a house in Prem Nagar, South Kasba, Nagar Panchayat Sidhauli, District Sitapur, and that he has constructed a safety tank for the discharge of sewage from his house. Respondent No. 3 has engaged a contractor to construct a drain/nali, and the contractor is deliberately raising construction which is likely to disturb the safety tank of the petitioner. Versus Counsel for Petitioner(s) : Janardan Singh Counsel for Respondent(s) : C.S.C., M.K. Dixit Mohammad Imran .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Gramya Vikas Deptt. Lko. And 2 Others .....Respondent(s) The petitioner made an I.G.R.S. complaint, upon which a report was sought. In the report submitted by the Chief Development Officer and the Executive Officer, Nagar Panchayat Sidhauli, Sitapur, it has been stated that on release of funds by the 15th Finance Commission and in pursuance of the development plan duly approved by the District Magistrate, construction of drain/nali is being carried out from the house of Sushil Chaurasiya to the house of Jainul and from the house of Imran to the house of Javed. It has further been stated that the safety tank of the petitioner is not being disturbed and that the construction of the drain/nali is only for the purpose of preventing waterlogging and is necessary to serve the public interest. Learned counsel for the petitioner states that the petitioner's safety tank is being disturbed by the contractor engaged by respondent No. 3 and hence the instant petition has been filed. Sri M.K. Dixit, learned counsel, on the basis of instructions received from the Executive Officer, Nagar Panchayat Sidhauli, Sitapur, has submitted that the work being carried out by the contractor has been forcibly stopped by the petitioner and that the petitioner is not allowing any construction to be raised. It has been further submitted that the construction being undertaken is strictly in accordance with the approved District Development Plan. It has also been stated that the safety tank of the petitioner is not being disturbed. The instructions are kept on record. In case the petitioner's safety tank is built on his own land, respondent No. 3 shall ensure that the contractor does not destroy or damage the safety tank of the petitioner while carrying out the construction of drain/nali as approved in the development plan for Nagar Panchayat Sidhauli, Sitapur. The writ petition stands disposed of. October 14, 2025 Ashish Dewal WRIC No. 10068 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench