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2025 DAILYLAW 40794 (ALL)

ZAHID ALI KHAN v. STATE OF U.P. AND 5 OTHERS

WRIC/11125/2025 · 2025-05-16

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82207-DB Court No. - 3 Case :- WRIT - C No. - 11125 of 2025 Petitioner :- Zahid Ali Khan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjeev Kumar Pandey Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the parties. 2. Present petition has been filed for the following relief: "i. A writ order or direction in the nature of mandamus directing the respondents to ensure that illegal drain (Nala) be not digged over the agricultural land of the petitioner Gata No.619/0.109 of Village Chak Pahada, Tehsil-Patiyali, District-Kasganj." 3. The personal affidavit of the Executive Officer of the Nagar Panchayat was sought by this court, who in paragraph nos.3 and 4 of the affidavit has stated that there was no proposal for construction of any nala over plot no.619 (area 0.109 hectare) situated in village-Chak Pahada, Tehsil- Patiyali, District-Kasganj, and no work order for the said purpose has been issued. In paragraph no.4, it has been stated that no drainage over the land of the petitioner is being constructed. 4. In light of the statement of the Executive Officer, Nagar Panchayat, no orders are required to be passed in the present writ petition. 5. Accordingly, the petition is disposed of. 6. In case, there is future encroachment by any State authorities over the agricultural land of the petitioner, the petitioner shall be at liberty to approach the appropriate forum including the civil court for the said purpose. Order Date :- 17.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad