GUDIYA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. AND 7 OTHERS
WRIC/11759/2025 · 2025-12-10
Amitabh Kumar Rai, Sangeeta Chandra
Original Suitbody2025
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[ 2025 DAILYLAW 203146 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203146 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11759 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. This writ petition has been filed with the following prayers :- I. Issue of a writ, order or direction in the nature Mandamus commanding the opposite parties particularly opposite party no.3 to 6 to remove the obstruction in the public drainage channel infront of the petitioner house and nearby and construct/renovate the drainage system in Village Panchayat Amsin, Tehsil Sadar, District Ayodhya wherein the Opposite Party No. - 8 has deliberately creating hinderance as it reveals from the spot memo of area lekhpal dated 30.05.2025 (contained as Annexure No. 1), in the interest of justice. II. Issue of a writ, order or direction in the nature Mandamus commanding the opposite parties particularly opposite party no. 2 to conduct an enquiry against Opposite Party No. - 8 for misusing his powers, in the interest of justice. This Court had granted time to the learned Standing Counsel to seek instructions in the matter. Learned Standing Counsel has produced before this Court the instructions sent by the S.D.M., Sadar, Ayodhya, dated 09.12.2025, wherein it has been stated that an inquiry was conducted in the matter and it was found that the house of one Sudama, who has not even been arrayed as a respondent in this petition, and that of the petitioner are adjacent to each other and a civil dispute is pending between the parties before the Court of Civil Judge (Junior Division), Sadar, Faizabad, i.e., Original Suit No. 574 of 2025, Sudama vs. Gudiya. The next date fixed in the matter is 03.02.2026. The dispute Versus Counsel for Petitioner(s) : Prabhakar Pandey, Prashant Vikram Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Gudiya .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. And 7 Others .....Respondent(s)
relates to water logging, and since the same is pending before the Court of the Civil Judge, no action is proposed by the District/Tehsil Authorities in the matter. A copy of the plaint of the said original suit has been produced by the learned counsel for the petitioner. He states that the petitioner had no knowledge of such original suit being pending, as no notice has ever been issued by the learned trial Court.
From the plaint and the relief clause, it is evident that the dispute is related to the same alleged "Aam Rasta" (public way) and a prohibitory injunction has been sought against the defendant, Gudiya, by Sudama, the plaintiff, restraining her from digging such public way for the construction of a nali. This writ petition is disposed of. The instructions and the copy of the plaint are kept on record. It is open for the petitioner to approach the trial Court. December 10, 2025 Ashish Dewal WRIC No. 11759 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench