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2025 DAILYLAW 32341 (ALL)

CHILHU v. STATE OF U.P. AND 6 OTHERS

WRIB/1075/2025 · 2025-03-23

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42570 Court No. - 50 Case :- WRIT - B No. - 1075 of 2025 Petitioner :- Chilhu Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ambrish Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. A.K. Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. The instant petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the official respondents to restrain the private respondents from raising any construction over Gata No. 785-Ka and 786-Ka situated at Village Bhadedu Bangar, Pargana and Tehsil Rajapur District Chitrakoot till publication of records mentioned in Sections 8 and 8-A of U.P. Consolidation of Holdings Act, 1953. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to take an appropriate action in light of petitioner's pending representations, forthwith." 3. Counsel for the petitioner submitted that private respondents are raising construction over the plot in question, as such, they should be restrained from raising construction over the plot in question. 4. I have considered the arguments advanced by learned counsel for the parties and perused the records. 5. There is no dispute about the fact that Village in question is under the consolidation operation. 6. Considering the facts and circumstances of the case, the prayer made in the instant petition to restrain the private respondents from raising construction over the plot in question cannot be entertained in exercise of jurisdiction under Article 226 of the Constitution of India. 7. The writ petition is dismissed accordingly. Order Date :- 24.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad