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2025 DAILYLAW 35084 (ALL)

PRAMILA MISHRA v. STATE OF U P AND 3 OTHERS

WRIC/25178/2021 · 2025-09-21

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25178 of 2021 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has sought for the following substantial relief: "i) issue, a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 not to disturb the peaceful possession (Gata No.98/0.093 hectare) of the petitioner situated at Village Ram Nagar Updhan, Pargana Gharwara, Tehsil Badlapur, District Jaunpur. ii) issue, a writ, order or direction in the nature of mandamus directing the respondent no.2 to maintain status quo in the aforesaid land (Gata No.98/0.093 hectare) of the petitioner and also given compensation with regard to market value of said commercial land." 3. From a perusal of the documents, it appears that there is a dispute with regard to a portion of the land by the petitioner wherein there is a canal and a road. 4. Counsel appearing for the petitioner has submitted that the portion of the road and canal belongs to the petitioner. 5. Per contra, learned Standing Counsel appearing for the State respondents submits that the canal and the road have been existing since 1968 and the petitioner has purchased the property in question only in the year 2021. He, accordingly, submits that there is no question of grant of Versus Counsel for Petitioner(s) : Pradeep Kumar Mishra Counsel for Respondent(s) : C.S.C. Pramila Mishra .....Petitioner(s) State Of U P And 3 Others .....Respondent(s) any compensation to the petitioner with regard to land, on which the road and canal are passing through. 6. Upon perusal of the documents, we are further of the view that this issue can be sorted out by the District Magistrate, Jaunpur, who shall grant an opportunity of hearing to the petitioner, Executive Engineer, Provincial Division, Public Works Department, Jaunpur and Executive Engineer, Sharda Sahayak, Khand-36, Jaunpur, carry out an examination of the disputed property, and thereafter, pass a reasoned order in accordance with law. The entire exercise should be completed within a period of twelve weeks from date. 7. With the aforesaid directions, the writ petiton is disposed of. September 22, 2025 Kuldeep WRIC No. 25178 of 2021 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad