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2025 DAILYLAW 97328 (ALL)

SHIV KUMAR SHARMA v. State of U.P. AND 4 OTHERS

WRIC/31518/2024 · 2025-03-04

Ashwani Kumar Mishra, Donadi Ramesh

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:31261-DB Court No. - 29 Case :- WRIT - C No. - 31518 of 2024 Petitioner :- Shiv Kumar Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kailash Pati Singh Yadav,Rama Shankar Mishra Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the parties. Grievance of the petitioner is that though he is recorded over Plot No.391 but without its acquisition or obtaining consent of the petitioner, the respondents have constructed a road upon it. Instructions are received by learned State Counsel which are taken on record. Its copy is given to the learned counsel for the petitioner. As per instructions, the petitioner has suppressed the fact that an injunction suit has been filed in respect of the same land being Original Suit No.18 of 2023. This suit is pending. It is stated that there exists an old higher primary institution for the last 20 years which was also renovated recently. It is stated that neither any new school has been constructed nor any road has been constructed on such plot. None of petitioner's land is otherwise utilized for any State scheme. In view of specific instructions of the respondents that no road is being constructed, as also the fact that petitioner has suppressed filing of a civil suit, we dismiss the writ petition with liberty to the petitioner to pursue his grievance in the pending suit. Order Date :- 5.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad