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2025 DAILYLAW 45745 (ALL)

SALAMAT ALI v. STATE OF U.P. AND 4 OTHERS

WRIC/11996/2025 · 2025-04-21

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60803 Court No. - 35 Case :- WRIT - C No. - 11996 of 2025 Petitioner :- Salamat Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Bharti,Kamlesh Prasad,Ved Prakash Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to 4 to ensure to provide the road on the Northern Side over the Arazi No. 46 situated at Village Behnan Ka Purwa, Majra Surwal, Police Station Sardhua, District Chitrakoot in accordance with law forthwith within stipulated period as directed by this Hon'ble Court. (b). issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to take appropriate decision over the application of the petitioner forthwith within prescribed period as directed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that there is no rasta (way) available to the petitioner to reach his agricultural holding. 4. Learned Standing Counsel has submitted that petitioner can claim easement of necessity and in this regard, he may move an application under Section 25 of the U.P. Revenue Code, 2006. For ready reference, Section 25 of the U.P. Revenue Code, 2006 is quoted as under :- "25. Rights of way and other easements. - In the event of any dispute arising as to the route by which a tenure holder or an agricultural labourer shall have access to his land or to the waste or pasture land of the village (other than by the public roads, paths or common land) or as to the source from or course by which he may avail himself of irrigational facilities, the Tahsildar may, after such local inquiry as may be considered necessary, decide the matter with reference to the prevailing custom and with due regard to the convenience of all the parties concerned. He may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed." 5. In view of the same, I am not inclined to interfere with the matter. 6. Accordingly, this writ petition stands disposed of with liberty to the petitioner to move an appropriate application under Section 25 of the U.P. Revenue Code, 2006 for redressal of his grievances and in case such an application is filed within two weeks from today, the same shall be considered and decided by the concerned authorities, in accordance with law, expeditiously, preferably within next six months, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 22.4.2025/Rishabh Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad