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2025 DAILYLAW 80836 (ALL)

BRAJBHUSHAN v. STATE OF U.P. AND 4 OTHERS

WRIC/25921/2025 · 2025-08-17

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140684-DB Court No. - 40 Case :- WRIT - C No. - 25921 of 2025 Petitioner :- Brajbhushan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Navin Kumar Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for the State-respondents has produced instructions on behalf of the State which is taken on record. 2. Heard learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for the State-respondents. 3. Present petition has been filed for the following reliefs : i. Issue a writ, order or direction in the nature of mandamus directing the respondents to take appropriate action against the respondent no. 5 and the respondent no. 5 be restrained from illegal mining over the Gata No. 196 and respondent no. 5 also pleased to direct not to dig the agricultural land of the applicant. 4. Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II, on instructions, states that the respondent no. 5 was excavating soil from his own land in the year 2024 without having any license or permission and for the aforesaid act, required proceeding was initiated against him and penalty was imposed. He further stated that the respondent no. 5 is not doing any excavation of soil from the land of the petitioner and in fact he is excavating soil from his own land. Accordingly, he submits that no excavation as alleged in the petition on the land of the petitioner has been done by the respondent no. 5. 5. In view of the aforesaid instructions, we do not find any merit in the writ petition. 6. Accordingly, the writ petition is dismissed. Order Date :- 18.8.2025 KS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad