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2025 DAILYLAW 43109 (ALL)

DEVI CHARAN AND 2 OTHERS v. STATE OF U.P. AND 11 OTHERS

WRIC/12084/2025 · 2025-04-22

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61761-DB Court No. - 29 Case :- WRIT - C No. - 12084 of 2025 Petitioner :- Devi Charan And 2 Others Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari,Surendra Kumar Mishra Counsel for Respondent :- C.S.C.,Deepak Gaur Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Shri Akhilesh Kumar Tiwari, learned counsel for the petitioners and learned Standing Counsel for the State. 2. Petitioners claims to be tenure holder of plot Nos. 722, 747/5 and 747/10 situated at Mauja- Patharehta, Tehsil- Kalpi, District- Jalaun and allege that the private-respondents are undertaking mining operations in the adjoining land as a result of which earth is also being removed from the petitioners' plot. 3. It is submitted that such action of the private-respondents is illegal and impermissible. Learned counsel further submits that though attention of the competent authority has been invited to such unauthorized act of private-respondents but no action has been taken. 4. Learned Standing Counsel submits that such grievance of the petitioners would be examined by the District Magistrate, Jalaun. 5. In that view of the matter, we permit the petitioners to approach the second respondent annexing all materials in support of their claim. Concerned District Magistrate shall ensure that petitioners' grievance is got examined by the competent authority and necessary action, as may be warranted in law, shall be taken after notice to private-respondents or anyone aggrieved within a period of two months from the date of presentation of a copy of this order. 6. With the above observation/direction, the writ petition stands disposed of. Order Date :- 23.4.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad