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2025 DAILYLAW 51630 (ALL)

ASRUN NISHA AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIC/13480/2025 · 2025-07-09

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110587-DB Court No. - 29 Case :- WRIT - C No. - 13480 of 2025 Petitioner :- Asrun Nisha And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Mohd. Ishraque Farooqui Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondents, and Shri Himanshu Shukla, Advocate holding brief of Shri B.P. Singh, learned counsel for the Gaon Sabha. 2. The petitioners have preferred this writ petition with the prayer to command the respondent no.2 and 3 to stop construction of Police Chaoki over the Plot No.661, situated in Khata No.660 and 661, Village Gopalpur, Tehsil Madiyahun, District Jaunpur, owned by the petitioners as well as the private respondents without its acquisition and without making payment of compensation. It is further prayed not to dispossess the petitioners as well as private respondents from the Plot No.661 owned by them, without adopting the due procedure prescribed under law. 3. Shri Fuzail Ahmad Ansari, learned Standing Counsel, placed detailed instructions sent by the Sub Divisional Magistrate, Madiyahun, Jaunpur. He submits that the police chaoki is being constructed over Gata No.665 Ga/area 0.158 hectare, which is recorded as Banjar in the revenue records. The land the petitioners bearing Gata No.661/0.085 hectare is adjacent to Gata No.665, and the construction is being raised over an area of 0.049 hectare situated in Gata No.665. He raised an objection that highly disputed facts have been raised in the writ petition, which cannot be resolved under Article 226 of the Constitution of India, and in case the petitioners are aggrieved, they may avail the remedy provided under the U.P. Revenue Code 2006. 4. Taking into consideration the entire facts and circumstances of the case, we are not inclined to issue any direction in the matter. Highly disputed facts have been raised, which cannot be dealt with under Article 226 of the Constitution of India. However, it is open for the petitioner to press the relief as is provided under the U.P. Revenue Code 2006. 5. We make it clear that we have not expressed any opinion on the merits of the case. 6. The writ petition is disposed of. Order Date :- 10.7.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad