LAL BAHADUR AND 9 OTHERS v. STATE OF UP AND 4 OTHERS
WPIL/2135/2025 · 2025-09-15
J J Munir
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 83542 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83542 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2135 of 2025 Court No. - 49 HON'BLE J.J. MUNIR, J. (Order on the memo of Writ Petition) An exemption application each has been filed by Rakesh Kumar, Tahsildar, Tahsil Madiyahun, Jaunpur and Yogendra Kumar Pandey, Tahsildar, Tahsil Badlapur, Jaunpur, both of whom are present in person. Both the applications are supported by an affidavit. In the personal affidavit filed by the Tahsildar, Tahsil Badlapur, Jaunpur, it is averred in paragraph nos. 4 and 5 :
4. That further, in order to ensure the long-term usability of the Chakmarg, the Panchayati Raj Department has been requested to undertake interlocking work. In this regard, a letter dated 22.08.205 as well as 08.09.2025 has been sent by the Sub Divisional Magistrate,, Badlapur, to the Block Development Officer, Badlapur, for execution of the said work. Copy of letters dated 22.08.2025 & 08.09.2025 issued by the Sub-Divisional Magistrate, Badlapur to the Block Development Versus Counsel for Petitioner(s) : Vinay Kumar Singh Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C., Rakesh Kumar Lal Bahadur and others .....Petitioner(s) State of U.P. and others .....Respondent(s)
Officer, Badlapur regarding interlocking work of Chakmarg. Copy of letters dated22.08.2025 & 08.09.2025 send by the Sub-Divisional Magistrate, Badlapur to the Block Development Officer, Badlapur regarding interlocking work of Chakmarg being annexed herewith and is marked as ANNEXURE No. PA-1 to this affidavit. 5. That it is respectfully submitted that since the rainy season was prevailing, interlocking work could not be commenced immediately. Some procedural formalities are also required to be completed. However, the deponent assures this Hon'ble Court that the said interlocking work shall be completed within two months. Learned Counsel for the petitioners submits that it is only a show of work that has been done and the chak marg would be effaced out of existence with encroachment galore.
Considering the stand taken by the Sub-Divisional Magistrate, Tahsil Badlapur, Jaunpur, who has already written to the Block Development Officer, Maharajganj, a copy of which is annexed as Annexure P.A.-1 to the affidavit, to ensure interlocking tile work on the chakmarg, the District Magistrate, Jaunpur, the Sub-Divisional Magistrate, Tahsil Badlapur, Jaunpur, the Tahsildar, Tahsil Badlapur, Jaunpur, the Pradhan, Gram Panchayat, Anapur, Pargana Gadhwara, Tahsil Badlapur, Jaunpur and the Block Development Officer, Maharajganj are all directed to ensure that the chakmarg is done up with interlocking tile work within a period of two months of date and well preserved. The said respondents shall also ensure that there is no encroachment in future. This petition stands disposed of in terms of the orders aforesaid. WPIL No. 2135 of 2025 2
This order has been passed in the presence of Rakesh Kumar, Tahsildar, Tahsil Madiyahun, Jaunpur and Yogendra Kumar Pandey, Tahsildar, Tahsil Badlapur, Jaunpur. (Order on Civil Misc. Exemption Application No. Nil of 2025 (filed by Tahsildar, Tahsil Madiyahun, Jaunpur)) (Order on Civil Misc. Exemption Application No. Nil of 2025 (filed by Tahsildar, Tahsil Badlapur, Jaunpur)) Let both these applications be taken on record and numbered by the office. For reasons recorded in details in our order of date passed on the writ petition, the applications stand allowed. The personal presence of Rakesh Kumar, Tahsildar, Tahsil Madiyahun, Jaunpur and Yogendra Kumar Pandey, Tahsildar, Tahsil Badlapur, Jaunpur is exempted. September 16, 2025 I. Batabyal WPIL No. 2135 of 2025 3 (J.J. Munir,J.) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad