SMT. ARTI DEVI MAURYA AND 2 OTHERS v. STATE OF UTTAR PRADESH AND 7 OTHERS
WRIC/32279/2025 · 2025-09-15
Amitabh Kumar Rai, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95094 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95094 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32279 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioners and learned counsel for the respondents. 2. The petitioners by means of the present writ petition have prayed for the following relief:-
"1. Issue a writ, order or direction in the nature of mandamus commanding the Nagar Ayukt, Nagar Nigam, Bareilly (Respondent No. 6) not to make any construction or alter the Drain Invert Level of the Drain attached to the houses of the Petitioners forthwith. II. Issue a writ, order or direction in the nature of mandamus commanding the Joint Secretary, Urban Development Department-7, Government of Uttar Pradesh, Lucknow (Respondent No. 2) to consider and decide the representation dated 06.09.2025 submitted by the Petitioners (Annexure No. 9 to the writ petition) within a specific period as may be directed by this Hon'ble Court. III. Issue any such other and suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. IV. Award cost of the writ petition."
3. It appears that an inquiry was conducted in which it has come that the respondents are raising Drain Invert Level of drain (nali) connecting the drainage (nala), and the said Drain Invert Level is hampering the flow of drainage of the petitioners' house to the drain (nali). Accordingly, it is submitted that the aforesaid relief may be granted to the petitioners. 4. Sri Shyam Mani Shukla, learned counsel for the respondent nos. 6 to 8 states that the object of raising Drain Invert Level is that the water of Versus Counsel for Petitioner(s) : Anurag Shukla Counsel for Respondent(s) : C.S.C., Shyam Mani Shukla Smt. Arti Devi Maurya And 2 Others .....Petitioner(s) State Of Uttar Pradesh And 7 Others .....Respondent(s)
drainage (nala) may not flow or revert to the drain (nali), and such flow may not enter the house of the residents of the colony of the area, therefore, in public interest, the Drain Invert Level are being raised. 5. Since, the aforesaid Drain Invert Level is being done in the public interest, therefore, we are not inclined to interfere in the writ petition. Consequently, the writ petition is dismissed with no order as to costs.
September 16, 2025 NS WRIC No. 32279 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad