This single judge dismissal did not grant a writ of mandamus. The court concluded no statutory duty existed to limit road construction or acquire land, holding the petition lacks merit.
No relief granted as no statutory duty was found to compel authorities to halt construction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Court No. - 34
Case :- WRIT - C No. - 28822 of 2019 Petitioner :- Sanjay Prashar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Suphal Shukla,Devendra Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
"i. Issue writ or direction in the nature of mandamus commanding the respondent not to up level the construction of the proposed road above ground level of the house of the Petitioner from the future difficulty, apprehension of chronic decease in position entering of rainy water and no road be constructed through Bhumidhari Gata No. 429 without acquisition and adopting due course of law.
II. Issue writ or direction in the nature of mandamus commanding the respondents to decide the representation by the respondent no.2 by speaking order, hearing all the effected person within shortest stipulated period.
III. Issue any such other and further suitable order or direction which this Hon'ble Court may deed fit and proper under the circumstances of the case.
IV. Award the cost of petition in favour of Petitioner."
2
give no reply.
Order Date :- 18.9.2019 YK
1 issue framed by the court
Whether a writ of mandamus can be issued to compel authorities to halt road construction at a specific level without statutory duty.
Colour shows how this judgement treated each authority
Oriental Bank of Commerce Vs. Sunder Lal Jain and anotherExplained¶15
(2008) 2 SCC 280 · Who else cites this
Bihar Eastern Gangetic Fisherman Cooperative Society Ltd. Vs. Sipah SinghExplained¶15
(1977) 4 SCC 145 · Who else cites this
Lekhraj Sathramdas Lalvani Vs. N.M. ShahExplained¶15
AIR 1966 SC 334 · Who else cites this
Dr. Uma Kant Saran Vs. State of BiharExplained¶15
1993 (1) SCC 485 · Who else cites this
1 provisions across 1 enactments
Sanjay Prashar And Another
State Of U.P. And 5 Others
Sudhir Agarwal
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
