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2025 DAILYLAW 66964 (ALL)

GANGA RAM v. STATE OF U.P. AND 9 OTHERS

WRIC/19488/2025 · 2025-09-08

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19488 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Additional Chief Standing Counsel for the State respondents. 2. This Court vide order dated 11.6.2025 has passed the order in following terms:- "1. Contention of the learned counsel for the petitioner is that a pakka road was being made to run through the plot of the petitioner being plot no. 1589/ area 0.954 hectares situate at Village Ata Haraina, Tehsil Ghiror, District Mainpuri. 2. Learned Standing Counsel may take instructions in the matter. The District Magistrate, Mainpuri to get the area where the plot no. 1589 is situated, inspected by some responsible officer and send a report to this Court by the next date of listing. 3. Put up this case on 07.07.2025 as fresh. 4. If any road is constructed over the plot being plot no. 1589 it would be subject to the decision of the writ petition." 3. Today, when the matter was taken up, Sri Rajeshwar Tripathi, learned Additional Chief Standing Counsel, on the basis of instructions received from the competent authority, submitted that no construction activity is being carried out over the land in question.The relevant extract of the instruction is reproduced below :- "याची के द्वारा मा० न्यायालय िसिवल जज अवर वगर् मैनपुरी आदेश िदनांक 28.05.2025 अस्थाई िनषेधाज्ञा की प्रित उपलब्ध कराने पर तत्काल रास्ते का िनमार्ण रूकवा िदया गया था। वतर्मान समय में उक्त आम रास्ते Versus Counsel for Petitioner(s) : Arvind Srivastava Iii Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C. Ganga Ram .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) में कोई िनमार्ण नहीं िकया जा रहा है। (संलग्नक-7 ग्रामवािसयों के बयान की छायाप्रित एवं मौके के फोटोग्राफ)" 4. In view of the aforesaid stand taken by the learned Additional Chief Standing Counsel and the fact that the grievance of the petitioner no longer survives for adjudication at this stage, no further order is required to be passed in the present writ petition. 5. The writ petition is accordingly, dismissed. September 9, 2025 Gaurav WRIC No. 19488 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad