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2025 DAILYLAW 9403 (ALL)

RAGHURAJ SINGH AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/1863/2025 · 2025-02-16

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22198 Court No. - 34 Case :- WRIT - C No. - 1863 of 2025 Petitioner :- Raghuraj Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Maurya Counsel for Respondent :- C.S.C.,Vibhu Rai Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "issue writ order or direction in the nature of mandamusi commanding the respondetienon that to disturb the peaceful possession of the petitioners measurement of Gata No. 426 is concluded U/s 41 of U.P.Z.A unless and L.R. Act by the Revenue Authorities in pursuance the court order already passed in the this regard. Paimais/clear (ii) issue writ order or direction in the nature of mandamus commanding the respondents not to demolish the construction/houses of the petitioners standing over land in dispute on Arazi no. 429 situate at Jungal Tulsiram Tehsil Sadar District Gorakhpur except in accordance with law. iii) issue a writ, order or direction in the nature mandamus commanding the respondents not to give effect the notice dated 02.01.2025 unless the measurement of Gata No. 426 is concluded under section 41 of U.P.Z.A. and L.R. Act." 3. A notice issued by respondent No.2 for removal of unauthorized constructions dated 2.1.2025 is being assailed by the petitioners on various grounds. 4. It has been submitted by learned counsel appearing for the Nagar Nigam as well as learned Standing Counsel that petitioners have filed their objection to the said notice on 8.1.2025. 5. In view of the same, I am not inclined to interfere with the matter. 6. Accordingly, this writ petition stands disposed of with liberty to the petitioner that they may press their objections dated 8.1.2025. In case petitioners press their objections, the same shall be considered and decided by respondent No.2 in accordance with law, expeditiously, preferably within eight weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect to prove their case provided there is no other legal impediment. 7. It is made clear that this Court has not examined the case on merits. Order Date :- 17.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad