LAXMI NARAYAN AND 10 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/20180/2025 · 2025-07-09
Ashwani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67722 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67722 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:109594-DB Court No. - 40 Case :- WRIT - C No. - 20180 of 2025 Petitioner :- Laxmi Narayan And 10 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mahender Pal Singh Yadav,Prem Prakash Yadav Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. This petition has been filed by the petitioner with the prayer to restrain the respondents from demolishing the petitioners' house and shops, situated on Plot No. 1886, 1888 and 1896 in Nagar Panchayat Shahabad, District Rampur. 2. According to the petitioners, the respondents are proposing to undertake road widening and without acquisition, their property is sought to be demolished. 3. On the previous occasion, this Court had called upon the respondents to obtain instructions. The written instructions are received from the Executive Engineer of the concerned Division dated 8.7.2025 which is taken on record. 4. As per the instructions, Plot nos. 1886, 1888 and 1896 are situated on a different road, namely Dhakuriya Road, whereas the proposed road widening is on State Highway No. 125 on which Plot No. 1886, 1888 and 1896 do not situate. The respondents also states that before undertaking the road widening on the State Highway No. 125, appropriate steps would be taken and the persons affected would be put to notice. Learned counsel for the respondents also disputes that in the representation made before the authorities, the possession of the petitioners and their constructions are shown to exist on Plot No. 1887 and 1888 only. 5. We have heard learned counsel for the parties and perused the material on record. 6. The representation which are the basis of the petitioners' claim clearly reveal that constructions existing on Plot No. 1887 and 1888 alone are sought to be protected. These two plots, however, do not situate on the State Highway No. 125 which is proposed to be widened. 7. In such view of the matter and in view of the stand taken by the respondents that the affected persons would be put to notice before any road widening is carried out, we do not find any occasion for the petitioners to maintain the present petition. While recording the stand of the respondents in respect of the dispute raised, we, accordingly, consign the present writ petition.
Order Date :- 10.7.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad