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2025 DAILYLAW 49254 (ALL)

SHYAMVEER AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/13669/2025 · 2025-05-21

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86735-DB Court No. - 21 Case :- WRIT - C No. - 13669 of 2025 Petitioner :- Shyamveer And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ganga Dhar Shukla Counsel for Respondent :- Anjali Upadhya,C.S.C.,Shivam Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following prayers have been made in the writ petition: "i. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents and directing them not to make further construction of boundary wall over the petitioners' plot/khasra no.493Min area 0.2530 hectare situated in Village- Lakhnawali, Pargana- Dadri, Tehsil and District- Gautam Budh Nagar. ii. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents and directing them to demolish the boundary wall, which the respondents have forcefully constructed over the petitioners' plot/khasra no.493Min area 0.2530 hectare situated in Village- Lakhnawali, Pargana- Dadri, Tehsil and District- Gautam Budh Nagar." 2. Shri Shivam Yadav, learned counsel for the respondent-Development Authority has placed on record the instructions received from the Development Authority, according to which, a pre-fabricated wall is being constructed by certain private persons over the land in dispute and that no construction is being made by the respondent-Development Authority. 3. As there is no evidence on record to indicate that the constructions is being undertaken by the respondent-Development Authority, therefore, we find no merit in the writ petition. It is dismissed with liberty to the petitioners to seek remedy against appropriate person. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad