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2025 DAILYLAW 46624 (ALL)

MANMOHAN v. STATE OF UTTAR PRADESH AND 3 OTHERS

WPIL/875/2025 · 2025-05-12

J J Munir

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:78924 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 875 of 2025 Petitioner :- Manmohan Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Sunil Kumar Kushwaha Counsel for Respondent :- C.S.C.,Deepak Gaur Hon'ble J.J. Munir,J. In compliance with the order dated 02.05.2025 an affidavit has been filed by the District Magistrate, Jhansi in Court today. It is taken on record. Let it be numbered by the Office. In paragraph nos. 13, 14 and 15 of the said affidavit, it is averred: "13. That it is humbly submitted that after receipt of the letters dated 29.04.2025 and 30.04.2.2025, the Sub Divisional Magistrate- Jhansi vide letter dated 03.05.2025 constituted a Revenue Team and accordingly the land for construction of the drain was demarcated by the Revenue Team in the presence of the Sub-Divisional Magistrate Jhansi and the Police Personnels. The digging and construction work of the drain is complete and the work of plastering/cementing the drain is going on. The drain will be made operational within the shortestpossible time afterthe plaster/cement becomes firm. True copies of the photographs evidencing the status of the construction work of the drain is being filed herewith and marked as Annexure-7 to the present personal affidavit. 14. That the Block Development Officer- Badgaon- Jhansi vide letter dated 09.05.2025 had informed the A.D.M (Judicial)-Jhansi that the Block Development Officer did not send any letter to the District Magistrate- Jhansi for seeking police force in the matter. True copy of the letter dated 09.05.2025 of the Block Development Officer- Badgaon- Jhansi addressed to A.D.M-Jhansi is being filed herewith and marked as Annexure-8 to the present personal affidavit. 15. That it is humbly submitted that a show-cause notice has also been issued in the matter by the deponent tothe Block Development Officer- Badgaon-Jhansi for not intimating the matter timely with respect to requirement of police force and other resources and keeping the matter pending for almost 3 months.True copy of the show-cause notice dated 09.05.2025 issued by the deponent to the Block Development Officer, Badgaon-Jhansi is being filed herewith and marked as Annexure-9 to the present personal affidavit." Learned Counsel for the petitioner acknowledges that construction of the drain after demarcation is complete and the work of plastering and cementing of the drain is going on. He says that for the moment this petition has accomplished its office and the cause of action may not survive except to the extent that the constructed drain or one to be soon completed may not be encroached upon again or damaged. It shall be the responsibility of the Sub Divisional Officer, Jhansi to ensure that the drain that has been constructed under report to this Court is not damaged and maintained in good repair. It must also function smoothly. So far as taking action against the Block Development Officer is concerned, we do not approve of the same as this is just part of a blame game played when processes of Court visit officers. This petition is disposed of in terms of the aforesaid directions. Let this order be communicated to the District Magistrate, Jhansi and the Sub Divisional Officer, Jhansi through the learned Chief Judicial Magistrate Jhansi by the Registrar (Compliance). Order Date :- 13.5.2025 Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad