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Neutral Citation No. - 2025:AHC:10724-DB Court No. - 29 Case :- WRIT - C No. - 27653 of 2024 Petitioner :- Km Vandana Pandey Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner's grievance is in respect of non-construction of road on a piece of land, which is recorded as Banjar in the revenue record. It is alleged that road was under construction, which has been stopped under the influence of private respondents. Perusal of the record would indicate that private respondents have instituted original suit and an appeal arising out of its order, has also been dismissed on
24.05.2024. Although, the petitioner submits that this injunction order is not in respect of the land over which road is to be constructed, but it remains a question of fact and we would not be inclined to express any opinion on the issue, particularly when the private respondents are not before us. Matter is pending before the Trial Court after the appeal was allowed and the injunction application is to be considered afresh. In the facts of the present case, we deem it appropriate to permit the petitioner to approach the fourth respondent, who shall examine all factual aspects and after notice to the respondent nos. 8 to 10, would take appropriate decision relating to construction of road, as is brought before this Court. It is made clear that we have not adjudicated the rights and contentions of the parties over the land in issue and all such issues are left open for determination by the competent authority, at the first instance. Order Date :- 22.1.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad