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2025 DAILYLAW 96499 (ALL)

RANJANA BHAGAT v. STATE OF UTTAR PRADESH AND 5 OTHERS

WRIC/32345/2025 · 2025-09-15

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32345 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Sanjeev Kumar Pandey, learned counsel for the petitioner, Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondents and Sri Sayujya Singh, learned counsel for the respondent no. 5-Nagar Nigam, Gorakhpur. 2. The instant writ petition has been filed seeking a direction commanding the respondents not to demolish any part of house of the petitioner without adopting proper procedure of law. 3. Learned counsel for the petitioner submits that the land in question was purchased by the petitioner through registered sale deed dated 18.11.2000 and the map was also sanctioned by the respondent no. 5 on 13.6.2007. The grievance of the petitioner is that the respondents are threatening to demolish the front part of the house of petitioner for road widening without following due process of law. 4. Per contra, learned counsel for the respondents have vehemently opposed the writ petition and submits that the instant writ petition is premature and definitely, the authority is inclined to acquire the land through negotiation. At present, there is no cause of action to agitate the matter and the writ petition is liable to be dismissed as premature. 5. Considering the factual situation, we find that the respondents must ensure that the land is to be acquired strictly in accordance with law, Versus Counsel for Petitioner(s) : Sanjeev Kumar Pandey, Vikrant Pandey Counsel for Respondent(s) : C.S.C., Sayujya Singh, Vatsala Ranjana Bhagat .....Petitioner(s) State Of Uttar Pradesh And 5 Others .....Respondent(s) either through compulsory acquisition or through mutual consent. 6. With the aforesaid observations, the writ petition stands disposed of. September 16, 2025 Kirti WRIC No. 32345 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad