ABHISHEK SINGH AND ANOTHER v. STATE OF U.P. AND 7 OTHERS
WRIC/23740/2025 · 2025-08-05
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77460 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77460 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132392-DB Court No. - 21 Case :- WRIT - C No. - 23740 of 2025 Petitioner :- Abhishek Singh And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Narendra Kumar Pandey,Peeyush Kumar Shukla Counsel for Respondent :- C.S.C.,Udit Chandra Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The petitioners feeling aggrieved by a notice dated 12.06.2025 issued to them by SDM, Sakaldiha, Chandauli has filed the instant writ petition. 2. It is stated in the notice that Arazi no.177M area 0.085 hectare is 'banjar' in nature and is Gaon Sabha land. The petitioners have illegally occupied the same and constructed their house over it. The same is required for installation of a transformer and a statue of Dr. Ambedkar. The petitioners are required to submit their title documents within three days failing which legal proceedings would be initiated against them for removal of the encroachments and the expenses incurred in this behalf would be recovered from them as arrears of land revenue. 3. Shri N.K. Pandey, learned counsel for the petitioners submits that after receiving the said notice, the petitioners appeared before SDM, Sakaldiha, Chandauli and also produced all documents relating to their title. They also gave an application on 08.07.2025 requesting the respondents to install the transformer and the statue at some other place and not in front of their house, as there is already traffic congestion at the said point. However, without taking any decision, the respondents are threatening to demolish the constructions. 4. Shri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State submits that the SDM, Sakaldiha, Chandauli would consider the representation and would take decision expeditiously and before any decision is taken, no coercive action shall be taken against the petitioners. 5. Accordingly, we dispose of the instant petition with direction to
respondent no.3 to pass a speaking order on basis of the documents produced by the petitioners before respondent no.3 and their application dated 08.07.2025 within four weeks and further that no coercive action shall be taken until the decision is taken. 6. The impugned notice would abide by the decision that would be taken by respondent no.3 in pursuance of the instant order. 7. Shri Rajiv Gupta, learned Additional Chief Standing Counsel will communicate the instant order to respondent no.3 forthwith. 8.
The order has been passed in the presence of Shri Nitesh Patel holding brief of Shri Udit Chandra, learned counsel for respondents no.4 and 5. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad