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2025 DAILYLAW 86549 (ALL)

SMT. SHESHPATI TRIPATHI v. STATE OF U.P. AND 3 OTHERS

WRIC/27741/2025 · 2025-08-18

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141466-DB Court No. - 21 Case :- WRIT - C No. - 27741 of 2025 Petitioner :- Smt. Sheshpati Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohit Verma,Sachida Nand Tripathi Counsel for Respondent :- C.S.C.,Narendra Pratap Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner has been issued a notice dated 20.5.2025 by Executive Engineer, PWD, Gorakhpur apprising her of the fact that the District Level Committee, in order to decide the representation of the petitioner, got the entire plot No. 240 inspected vide its order dated 15.4.2025 by a Revenue team. It transpired in the inspection that out of 2450 sq. feet purchased by the petitioner, an area measuring 1894 sq. feet is getting affected. It is also mentioned that as per C.L.-7, entire land of Plot no. 240 is ceiling surplus land, therefore, the petitioner should vacate it by 31.5.2025. 2. Learned counsel for the petitioner submits that the petitioner has not been provided with copy of the order of the Committee dated 15.4.2025 despite specific request made in this behalf vide application dated 24.5.2025. He submits that the respondent should be directed to provide a copy of the said order to the petitioner to enable her to exercise her rights in relation thereto and to give effective reply to the stand taken by the Executive Engineer, PWD in the impugned notice dated 20.5.2025. 3. Learned Standing Counsel appearing for respondents no. 1, 2 and 3 and Sri N.P. Singh, learned counsel appearing for respondent no. 4 states that copy of the said order would be provided to the petitioner as soon as she makes any application before the District Magistrate, Gorakhpur. 4. Accordingly, we dispose of the instant petition with liberty to the petitioner to move appropriate application before the District Magistrate, Gorakhpur alongwith true attested copy of the instant order within one week for being provided with copy of the order dated 15.4.2025. The copy of the said order shall be provided to the petitioner within one week of filing of the application. Thereafter, it shall be open to the petitioner to avail such remedy as may be advised, against the order dated 15.4.2025 and notice dated 20.5.2025. 5. For a period of three weeks, the respondents are restrained from taking any action in pursuance of the impugned notice dated 20.5.2025. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad