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2025 DAILYLAW 78945 (ALL)

RAM RATAN YADAV v. STATE OF UTTAR PRADESH AND 4 OTHERS

WPIL/2032/2025 · 2025-07-30

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:127937-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2032 of 2025 Petitioner :- Ram Ratan Yadav Respondent :- State of Uttar Pradesh and 4 others Counsel for Petitioner :- Agnivesh for Awadhesh Kumar Yadav Counsel for Respondent :- C.S.C., Jagdish Pathak (S.C.), Balwant Singh Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition has been filed seeking direction to the Authorities to construct the link road on plot Nos. 71Ka and 71 Kha to the approach side road of underpass National Highway 24 for proper movement of general public of Ward No. 14, Ram Nagar, Nagar Panchayat Chaumukha (Campierganj), District-Gorakhpur. 2. Submissions have been made that though a temporary road/kharanja does exist, the respondents, despite repeated representations made in this regard, are not taking care to construct the approach road and therefore, a direction in this regard may be issued. 3. Instructions have been produced by the State, inter alia, indicating that the land, recorded as rasta in the revenue records, is presently functional. 4. An application seeking impleadment has been filed by J.P. Inter College, Campierganj, Gorakhpur seeking impleadment as respondent to the petition. A short counter affidavit has also been filed, inter alia, claiming that a suit has been filed before the Civil Judge (Junior Division), Gorakhpur in the year 2023 in relation to the road qua which, the present petition has been filed with the claim that the said road is being used from middle of the play ground of the College and injunction in this regard has been sought which suit remains pending though no injunction has been granted. 5. In view of the above fact situation, wherein petitioner has sought direction for making the road in question as permanent road and the State has indicated that the same is recorded as 'rasta' in the revenue records, however, as the suit filed by the College is pending before the competent civil court seeking injunction qua the road in question, we do not find any reason to entertain the present public interest litigation, which would change the status of subject matter of a pending suit. 6. However, it is always open for the parties to the suit to resolve the issue by way of mediation and/or mutually. 7. Consequently, the petition is dismissed. Order Date :- 31.7.2025 Jyotsana/Mukesh Pal (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad