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2025 DAILYLAW 62033 (ALL)

SHRIKANT SINGH AND ANOTHER v. THE STATE OF U.P. AND 10 OTHERS

WRIC/19184/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:109872-DB Court No. - 21 Case :- WRIT - C No. - 19184 of 2025 Petitioner :- Shrikant Singh And Another Respondent :- The State Of U.P. And 10 Others Counsel for Petitioner :- Syed Faiz Hasnain,Syed Riyaz Askari Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The case of the petitioners is that the private respondents have encroached over a public road. The representation filed by the petitioners for removing the encroachments is stated to be pending before the State-respondents. The present petition has been filed for the following reliefs:- "(i) Issue a writ order or direction in the nature of mandamus commanding the respondent Nos.2 and 3 to remove the encroachments made forcibly on P.W.D. roadside land, infront of Gate No.4, situated in village Bhopatpur, Tehsil Sagri, District Azamgarh on the left side public road know as Lalghat-Raunapar Road. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos.2 and 3 to address/attend the complaint/applications of the petitioners dated 26.10.2023 and 15.04.2023 (Annexure Nos.4 and 5) to this writ petition and pass a final/speaking and reasoned order, within short stipulated period." 2. Sri Rajeev Gupta, learned Additional Chief Standing Counsel points out that under Section 26 of the U.P. Revenue Code, 2006, Tehsildar has been given power to remove any obstacle, which impedes the free use of a public road, path or common land or obstructs the road. Against the order of Tehsildar, a revision lies to Sub Divisional Officer. 3. In such view of the matter, we leave it open to the petitioners to move appropriate application before the concerned Tehsildar, so that he may examine the same and take appropriate decision in accordance with law. If it is a public road, it shall also be open to the petitioners to initiate proceedings under Section 152 BNSS. 4. The petition stands disposed of with the aforesaid liberty to the petitioners. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.7.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad