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2025 DAILYLAW 77680 (ALL)

KAMLA DEVI v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIC/23918/2025 · 2025-10-07

Neeraj Tiwari, Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23918 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioner and learned standing counsel for State- respondents. 2. Present petition has been filed seeking following relief:- "i). Issue a writ, order or direction in the nature of mandamus, restraining the respondents from carrying out or permitting any construction or road development on the said land without acquisition and due process. ii). Issue a writ, order or direction in the nature of mandamus, restraining the respondents especially respondent No. 2 from interfering with the peaceful possession of the petitioner over Arazi No. 332, Mauja Umarpur Neewa, Prayagraj. iii). Issue a writ, order or direction in the nature of mandamus, commanding and directing respondent no. 2 to decide the claim of the petitioner dated 16.07.2025 (Annexure No. 8) in pursuance to the Government Order dated 12.05.2016." 3. Pursuant to the order dated 06.08.2025, learned standing counsel has produced instruction dated 25.08.2025 alongwith report of Deputy Collector Sadar, Prayagraj, which is taken on record. Learned standing counsel is directed to provide a copy of the instruction to learned counsel for petitioner during the course of the day. 4. As per report of Deputy Collector Sadar, Prayagraj, plot in question is vacant and in revenue map, there is no chak-road mentioned, but in eastern side of the plot, pakka raasta and in western side, kaccha raasta is Versus Counsel for Petitioner(s) : Anas Mahboob, Umesh Vats Counsel for Respondent(s) : C.S.C. Kamla Devi .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) mentioned. 5. Learned counsel for petitioner could not dispute the aforesaid facts, but only submitted that a direction may be issued to the respondent-authorities not to carry out any construction or road development over Arazi No. 332 Mauja Umarpur Neewa, Prayagraj without acquisition and due process of law. 6. In the light of aforesaid facts and submissions, writ petition is accordingly disposed of. 7. Needless to say that in case Arazi No. 332 Mauja Umarpur Neewa, Prayagraj belongs to the petitioner, State-authorities shall not raise any construction or road development without adopting due procedure of law. October 8, 2025 Sartaj WRIC No. 23918 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad