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2026 DAILYLAW 13750 (ALL)

RUBY DEVI v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/7170/2026 · 2026-10-05

Saurabh Shyam Shamshery

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 7170 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. The Court has passed the following order on 09.03.2026 :- "1. Heard Sri Santosh, learned counsel for the petitioner and the learned Standing Counsel for the respondent nos. 1 to 3. Sri Sudhir Bharti, Advocate has accepted notice on behalf of respondent no. 4. 2. The present petition has been filed seeking a direction to the respondent no. 2 and 3 to direct the Gram Pradhan of Gram Panchayat Lala Chhapra, Development Block Ramkola, District Kushinagar to get the Annapurna Bhawan constructed on Plot No. 553, as approved by the Deputy District Magistrate, Kaptanganj, by his letter dated 4.12.2025. 3. Learned counsel for the petitioner contends that despite the fact that Plot No. 553, area 0.008 hectare, situated in Village Lala Chhapra, has been demarcated for construction of Annapurna Bhawan, the Gram Pradhan is utilizing its fund for raising the constructions in Plot No. 1163. It is contended that petitioner being the fair price shop dealer of Gram Panchayat Lala Chhapra is aggrieved by the shifting the location of the shop to a distance which is far away from the village abadi. 4. Learned Standing Counsel prays for and is granted two weeks time to seek instructions in the matter. 5. List again as fresh on 25.03.2026." 2. Learned counsel for the petitioner is absent. Sri Sudhir Bharti, learned counsel for the respondent submits that no instructions are received from the respondent. 3. In the aforesaid circumstances, the present writ petition is disposed of with an observation that in case construction of Annapurna Bhawan has not commenced till date, the State respondents may consider the matter, on a fresh application being filed by the petitioner, with regard to the place of construction, in accordance with law. Versus Counsel for Petitioner(s) : Dhananjay Kumar, Santosh Counsel for Respondent(s) : C.S.C., Sudhir Bharti Ruby Devi .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 4. However, in case the construction has already commenced, no relief can be granted to the petitioner and the petitioner shall not be entitled to claim any relief in respect thereof. (Saurabh Shyam Shamshery,J.) October 6, 2026 Ashok Gupta WRIC No. 7170 of 2026 2 Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad