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2025 DAILYLAW 69145 (ALL)

DAYA SHANKAR PATHAK AND 3 OTHERS v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIC/21151/2025 · 2025-07-08

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108199-DB Court No. - 40 Case :- WRIT - C No. - 21151 of 2025 Petitioner :- Daya Shankar Pathak And 3 Others Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Petitioners are aggrieved by notice issued by the third respondent requiring the petitioners to remove their possession and construction from the plot which is recorded in revenue record as road. Our attention has been invited to an order passed by this Court in similar circumstances in Writ-C No.20436 of 2025, which is reproduced hereinafter:- "Petitioners are aggrieved by a notice issued by Nagar Panchayat, Machhalishahar, District Jaunpur dated 16.6.2025 which records that the petitioners have encroached upon land recorded in revenue records as pond bearing Arazi No.1931. This plot apparently abuts the national highway. The notice is challenged on the ground that the petitioner?s constructions exist on plot no.1932 and that the notice contains incorrect allegations. Be that as it may, once such factual issues are pressed on behalf of the petitioners the remedy available to the petitioners would be to respond to the notice by raising such objections. We would not be inclined to entertain challenge to the notice on such factual premise, at the first instance. In that view of the matter, this petition is consigned to records. It is, however, observed that if the petitioners submit a reply alongwith a copy of this order within three days from today, the same shall be adverted to by the authority concerned before proceeding any further, in accordance with law." Since the notice issued to the petitioners is already in respect of the same plot, we dispose of this petition on the same terms. Order Date :- 9.7.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad