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2025 DAILYLAW 57349 (ALL)

ASHISH KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/15732/2025 · 2025-05-29

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93594-DB Court No. - 39 Case :- WRIT - C No. - 15732 of 2025 Petitioner :- Ashish Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Tiwari Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Ashutosh Tiwari, learned advocate appears on behalf of petitioner and submits, his client has half share in land of area 1.0315 hectare under Gata no.6/1 in Mauja Taribulda, District Jalaun. Illegal mining is being carried out in the vicinity and the trucks are passing over the land. His client made representation dated 30th April, 2025 to respondent no.2 (the District Magistrate). 2. He relies on our order dated 29th April, 2025 in Writ-C no.12953 of 2025 (Archana Shukla Vs. State of U.P. and 3 others). His client's grievance is covered by. Same direction be made. 3. Mr. Vikram, learned advocate, Additional Chief Standing Counsel appears on behalf of State. Mr. Faizan Siddiqui, learned advocate appears on behalf of private respondent no.4 and prays for adjournment to obtain instructions. On query Mr. Tiwari submits, private respondent no.4 is the lessee, who is transporting the material over land. 4. Paragraph 5 from our order dated 29th April, 2025 is reproduced below. "5. In the circumstances, respondent no.2 is directed to consider petitioner's representation dated 21st April, 2025. Petitioner will communicate certified copy of this order along with copy of the representation to said respondent. Petitioner will also provide further particulars immediately upon noticing trucks passing/construction activity over his land. Said respondent is to take action on ascertaining veracity of petitioner's allegation. In event no action is to be taken, reasons be made known to petitioner within four weeks from the communication." Same direction regarding petitioner's representation dated 30th April, 2025 is made herein along with other directions regarding petitioner providing further particulars. The District Magistrate also has same direction on considering the representation and result thereof. 5. The writ petition is disposed of. Order Date :- 30.5.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad