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2025 DAILYLAW 32677 (ALL)

GANGA SINGH v. STATE OF U.P. AND 8 OTHERS

WRIC/8909/2025 · 2025-05-12

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78166-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.56) Court No. - 21 Case :- WRIT - C No. - 8909 of 2025 Petitioner :- Ganga Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has prayed for a direction to respondents no.2 and 4 not to construct nali over his bhumidhari land i.e., 947 area 0.3414 hectare situated at Village- Sarva, Majra- Utarna, Tehsil- Sadar, District- Badaun, without paying adequate compensation to him. 2. The case of the petitioner is that the respondents are constructing a nali over his bhumidhari land without acquisition and payment of compensation. 3. Learned Standing Counsel has placed on record the instructions received from the State respondents according to which nali is being constructed over the existing road and not on his land. It is specifically stated that the petitioner has secured his land with boundary wall and the nali is being constructed outside the boundary wall. 4. The petitioner has admitted in the representation filed by him before the Executive Officer, Construction Division-II, PWD- Badaun that his land is enclosed by a boundary wall. Moreover, the petitioner has given notice under Section 80 C.P.C. to the respondents for instituting suit against them. 5. In the aforesaid facts and circumstances, we are not inclined to examine the issue in exercise of writ jurisdiction. It is left open to the petitioner to avail such other remedy as may be advised. 6. The petition stands disposed of accordingly. Order Date :- 13.5.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad