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2025 DAILYLAW 66368 (ALL)

SHYAMNATH v. STATE OF U.P. AND 7 OTHERS

WRIC/19117/2025 · 2025-09-08

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19117 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents. 2. By means of the present writ petition, the petitioner has prayed for the following relief:- "1. issue a writ, order or direction in the nature of mandamus directing to respondents to stop forthwith the work of construction for widthing the Chakmarg over the petitoner's Bhumidhari Aarazi No. 176 area 0.2460 hectares and Aarazi No. 179 area 0.2000hectares without acquiring and paying the compensation to the petitioner i respect of aforenoted land in question. 2. issue a writ,order or direction n the nature of Mandamus directing to respondents concerned not to dispossess the petitioner from his Sankramniya Bhumidhari i.e. Aarazi No. 176 area 0.2460 hectares and Aarazi No. 179 area 0.2000 hectares in aggregate or any part of it except in accordance with law without paying compensation properly." 3. It is stated by counsel for the petitioner that after the filing of the writ petition, the respondents maliciously initiated proceedings under Section 67 of the U.P. Revenue Code, whereas earlier also similar proceedings had been initiated on the same ground on which present proceeding under Section 67 of the U.P. Revenue Code has been initiated. 4. Be that as it may, since the proceedings under Section 67 of the U.P. Revenue Code have been initiated against the petitioner, it is open to the petitioner to contest the said proceedings on the ground that they are malicious, inasmuch as earlier also proceedings on the same ground under Section 67 of the U.P. Revenue Code had been initiated and were dismissed. Versus Counsel for Petitioner(s) : Ram Anuj Prajapati Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Shyamnath .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 5. It further appears that the petitioner has not been dispossessed, as only the proceedings under Section 67 of the U.P. Revenue Code have been initiated against him. Therefore, at this stage, the relief prayed for by the petitioner cannot be granted. September 9, 2025 Sumaira WRIC No. 19117 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad