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2025 DAILYLAW 92059 (ALL)

KAMIL AHMAD v. STATE OF U.P. AND 3 OTHERS

WRIC/29812/2024 · 2025-01-24

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12660-DB Court No. - 29 Case :- WRIT - C No. - 29812 of 2024 Petitioner :- Kamil Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Wajid Ali Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner has approached this Court stating that CC road in front of his house has been constructed, as result of which, the level of road is several feet above his house. On account of it, there is a drainage issue, inasmuch as the house of the petitioner gets flooded very often. Instructions were invited on the previous occasion. Learned State Counsel has obtained instructions from Sub Divisional Magistrate, Saharanpur, as per which, the construction of CC road was made about 6-7 years earlier and that there is no drainage problem on the spot. It is asserted that petitioner wants the flow of the drain in opposite direction, which is opposed to most of the villagers and that petitioner's grievance, in such circumstances, is non-existent. In view of the instructions furnished by the respondents and in view of the undisputed fact that the construction of road was made several years ago, we do not deem it necessary to issue any mandamus in the present writ petition. The writ petition is, accordingly, dismissed. Liberty, however, stands reserved to the petitioner to approach the third respondent, who shall see that to the extent possible, any assistance, if permissible, may be extended to the petitioner to alleviate his grievance, without causing any obstruction to the public at large. Order Date :- 24.1.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad