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2025 DAILYLAW 40619 (ALL)

SMT. KUSHUMLATA AND 3 OTHERS v. STATE OF U.P. AND 5 OTHERS

WRIC/10942/2025 · 2025-05-21

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87047-DB Court No. - 3 Case :- WRIT - C No. - 10942 of 2025 Petitioner :- Smt. Kushumlata And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shashi Ranjan Srivastava Counsel for Respondent :- C.S.C.,Sant Ram Sharma Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. The grievance of the petitioners in the present petition is that the respondent, i.e., the Nagar Palika Parishad has encroached on plot no. 287 of which the petitioners are the owners. In pursuance to the previous orders passed by this Court, Shri Sant Ram Sharma, Advocate representing the Nagar Palika Parishad, Etmadpur, District Agra has obtained instructions and has handed over a copy of the same to the Court which is taken on record and shall form part of the records of the case. On the basis of his instructions, Shri Sant Ram Sharma states that the constructions alleged in the writ petition are being made on plot nos. 285 and 286 and not on plot no. 287. A map in support of the aforesaid averments has also been annexed with the instructions. The averments are based on a report submitted by the revenue team constituted by the Deputy District Magistrate, Etmadpur, Agra. The report has also been annexed with the instructions. A dispute as to whether the constructions are being made on plot no. 287 or on other plots is a disputed question of fact for which writ proceedings are not the appropriate remedy. The petitioners may exercise other remedies available to them in law, in case, the constructions at present made by the Nagar Palika Parishad are on plot no. 287 or in future there is any encroachment by the Nagar Palika Parishad on the plot of the petitioners, i.e., plot no. 287. With the aforesaid observation, the writ petition is disposed of. Order Date :- 22.5.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad