SANATAN @ GUDDU AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/22432/2025 · 2025-07-14
Mahesh Chandra Tripathi, Vinod Diwakar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 74053 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74053 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:113386-DB Court No. - 29 Case :- WRIT - C No. - 22432 of 2025 Petitioner :- Sanatan @ Guddu And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Lal Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners and Shri F.A.Ansari, learned Standing Counsel for the State. 2. The instant writ petition has been preferred for quashing the notice dated 10.06.2025 issued by the respondent no. 4 by which the petitioners were directed to remove their construction on Pilibhit-Baharaich Road (State Road) on both sides of the road 75 ft. from the centre. 3. Learned counsel for the petitioners vehemently contended that the respondents are carrying out road widening work. It is also alleged that the petitioners' land is also falling in the road widening and that so without adequate compensation and without following the due procedure of law. He submits that the impugned notice is per se unsustainable and the same is liable to be set aside by this Court. 4. Per contra, learned Standing Counsel has placed the detailed instructions dated 11.7.2025. While placing the instructions, the Uttar Pradesh Roadside Land Control Rules, 1964, had also been placed before us. He submits that the road in question is notified as a State highway, wherein, from the mid point, no construction can be carried out up to 75 ft. in open and agricultural areas, whereas
in case the disputed site falls under the urban and industrial area, the limit is 60 ft. In such a situation, the prescribed authority had issued a notice to the petitioners to remove their construction, which is sustainable in the eyes of the law as the petitioners' constructions fall within a restricted area. 5. Considering the facts and circumstances of the case and without adverting on the merits of the issue, we leave it open to the petitioners to file their detailed objections along with the requisite revenue record indicating therein their title/stake over the disputed property before the competent authority within two weeks from today. In case any such objection is filed within the stipulated time, we hope and trust that the authority concerned will consider and decide the objection strictly in accordance with law within three weeks thereafter.
Till the disposal of the objection, the parties shall maintain the status quo qua the disputed property as of today. Order Date :- 15.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad