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2026 DAILYLAW 1410 (ALL)

KHARPATTU v. STATE OF U.P. AND 8 OTHERS

WPIL/1273/2026 · 2026-05-17

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1273 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Saurabh Kumar, holding brief of Sri Man Bahadur Singh, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 4 and Sri Rameshwar Prasad Shukla has accepted notice on behalf of respondent no.5. 2. The present writ petition has been filed seeking a direction to the respondent no.4 to construct Rasta over the chakmarg Gata No.473 as per the previous proposals of the Gaon Sabha. 3. It is contended by learned counsel for the petitioner that due to encroachment over Plot No.473 recorded as chakmarg, the construction of soil work over the chakmarg cannot be done. The Gram Pradhan by his letter dated 18.7.2024 filed as Annexure-3 to the writ petition, had requested the Deputy District Magistrate, Sagri, District Azamgarh to ensure that encroachments over Plot No.473 be removed so that the soil work over the chakmark could be undertaken. 4. Today, when the case was taken up, learned Additional Chief Standing Counsel has placed before the Court the instructions dated 18.5.2026 sent by Tehsildar, Sagri, District Azamgarh, which is taken on record. 5. Perusal of the aforesaid instructions shows that a revenue team visited on 17.5.2026, when the demarcation of plot no.473 was undertaken. The entire area of chakmarg over plot no.473 was got vacated and handed over to the Gram Pradhan. The relevant extract of field book, spot memo and handing over of possession have been placed before the Court Versus Counsel for Petitioner(s) : Ashish Pandey, Man Bahadur Singh Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Kharpattu .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) alongwith instructions. 6. In view of the aforesaid, it is evident that Gram Pradhan has been handed over the vacant possession of plot no.473 over which soil work has to be undertaken pursuant to earlier work order having been issued. 7. In view of the aforesaid, the present writ petition is disposed of with direction to the respondent no.5 to complete the soil work over Plot No.473, expeditiously, in view of the vacant possession of the said plot having been handed over to the Gram Pradhan on 17.5.2026. May 18, 2026 Anil WPIL No. 1273 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad