The High Court dismissed a writ petition invoking Article 226 as not pressed. The petitioner withdrew the petition seeking directions to remove a road, recover money, and return land or pay compensation.
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.
Court No. - 40
Case :- WRIT - C No. - 22032 of 2022
Petitioner :- Badri Narain Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Kumar Rai,Raj Kumar Dhama Counsel for Respondent :- CSC,Bhupendra Kumar Tripathi
Hon'ble Siddhartha Varma,J. Hon'ble Vikas Budhwar,J.
Heard Sri Raj Kumar Dhama, learned counsel for the petitioner, Sri Bhupendra Kumar Tripathi, learned counse for the Gaon Sabha and the learned Standing Counsel
This writ petition was filed for the following relief:-
"i. Issue a writ order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to remove newly constructed road from the private land of he petitioner having Khasra No. 231 within a stipulated period of time as directed by this Hon'ble Court.
ii. Issue a writ order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to recovery the vested money in construction of the said road over the private land of the petitioner from the Village Pradhan.
iii. Issue a writ order or direction in the nature of mandamus directing the respondents to return the land of the petitioner illegally acquired in the said road or to pay just and proper compensation in accordance with the Right to fair compensation Act, 2013 to the petitioner.
iv. Issue any order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
v. Awards the cost of this petition to the petitioners."
However, today learned counsel for the petitioner stated that the petitioner does not wish to press the petition. He, therefore, prays that the writ petition be dismissed as not pressed.
Learned Standing Counsel and the learned counsel for the Gaon Sabha have no objection to the dismissal of the writ petition.
The writ petition is, accordingly, dismissed as not pressed.
Order Date :- 30.8.2022 vkj
Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.08.30 17:02:23 IST Reason: Location: High Court of Judicature at Allahabad
Badri Narain Rai
State Of U.P.
Gaon Sabha
Siddhartha Varma
Vikas Budhwar
As recorded by the court registry
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