Disposed

Lallan Prasad and 3 Others v. State of Up and 4 Others

Allahabad HC15 Jul 2024WPIL/1085/2024

Case brief

AI extract

What is this about?

The High Court consigned a PIL to records regarding an illegal road construction over a revenue entry recorded as 'Nali'. The Court noted that instructions disputed by the petitioner failed to elicit a response, and directed the petitioner to file a separate application under Section 26 of the UP Revenue Code, 2006 if dissatisfied.

What did the court decide?

Writ petition consigned to records; proceeding via Section 26 of the UP Revenue Code, 2006.

Lallan Prasad and 3 Others vs State of Up and 4 Others — Landlord and Tenant | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:133871

¶2

Court No. - 50

¶3

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1085 of 2024

¶4

Petitioner :- Lallan Prasad And 3 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Dashrath Lal Counsel for Respondent :- Azad Rai,C.S.C.

¶5

Hon'ble Ashutosh Srivastava,J.

¶6

Heard Shri Dashrath Lal Yadav, learned counsel for the petitioners and learned Standing Counsel, representing the State respondents. Shri Azad Rai, learned counsel, has put in appearance on behalf of the respondent no. 5, Gaon Sabha, concerned.

¶7

This writ PIL has been filed seeking issuance of a writ of mandamus commanding the respondent nos. 2 to 4 to remove the illegal construction of road which is being illegally constructed by the respondent no. 5, over Gata No. 423, area 0.1660 Hectare, situate in Village, Lakhrawa, Pargana-Sikandra, Vikas Khand-Bahariya, Tehsil -Phoolpur, DistrictPrayagraj, which is stated to be recorded as 'Nali' in the revenue records.

¶8

A further prayer in the nature of mandamus restraining the respondent no. 5 not to change the shape of the 'Government Nali' existing over Gata No. 423, has also been prayed for.

¶9

By order dated 15.07.2024 instructions were called from the learned counsel appearing for the Gaon Sabha. Instructions were received and the contents of the instructions were recorded by this Court vide order dated 22.07.2024 to the effect that the Gata No. 423 area 0.1660 Hectare to the extent of 98 Meters a road exist for last 20 years, stated to be constructed by the Public Works Department. The instructions further reveal that anywhere the road is not impeding the flow of the water from the Nali and no impediment is caused to the villagers in using the water from the 'Nali' for cultivation purposes.

¶10

The instructions however was disputed by the learned counsel for the petitioners and accordingly the petitioners were directed to file a response to the instructions. However, despite the order passed by this Court no response to the instructions have been filed by the learned counsel for the petitioners.

¶11

It appears that the issues raised in the writ PIL have already been

¶12

addressed and in case the petitioners feel that some issues were not addressed it shall be open for them to initiate proceedings under Section 26 of the UP Revenue Code, 2006 which shall be decided in accordance with law.

¶13

With the aforesaid observations the writ PIL is consigned to records .

¶14

Order Date :- 21.8.2024 Deepak/

¶15

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Lallan Prasad and 3 Others v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Lallan Prasad and 3 Others v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dinesh Chandra and 3 Others vs State of Up and 5 Others

Vivek Kumar vs State of U.P. and 7 Others

Om Nath vs State of U.P. and 9 Others

Bateshwar Nath Tripathi vs State of Up and 5 Others

Raj Bahadur Singh vs State of Up and 3 Others

Ramvriksh vs State of Up and 8 Others