Disposed

Ram Raj v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 5 Others

Allahabad HC18 Sept 2024WRIC/8049/2024

Case brief

AI extract

What is this about?

The petitioner, a Gaon Sabha member, challenged construction of an overhead tank on land lacking committee approval under Jal Jeevan Mission. The court listed the matter, directed counter affidavits, and stayed construction pending further orders.

What did the court decide?

Stayed construction of overhead tank pending filing of counter affidavit by opposite parties no.3 and no.5 and further listing.

Ram Raj vs State of U.P. Thru. Prin. Secy. Revenue… — Service and Employment | Allahabad HC (2024)

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Court No. - 3

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Case :- WRIT - C No. - 8049 of 2024 Petitioner :- Ram Raj

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Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others

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Counsel for Petitioner :- Ashutosh Dhar Dubey,Roshani Pandey Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of opposite parties no.1 to 4 and Shri Mohan Singh, learned counsel appearing on behalf of 'gaon sabha'.

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This petition has been filed with the following main prayer :-

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"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.2 to 5 to restrain the opposite party no.6 from making construction of pani Ki Tanki on the land of Gata No.880, village - parsawan Pargana Khandasa, Tehsil - Milkipur, District - Ayodhya and the opposite party no.6 may be directed to construct the Pani Ki Tanki under jal Jiwan Mission on Gata no.915/0.177 hectare as proposed on 04.8.2022.

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(ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties no.2 to 4 to decide the representation of the petitioner dated 12.09.2024 expeditiously by a speaking and reasoned order as contained in Annexure No.1 to this writ petition."

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It is the case of the petitioner that he is an elected member of the gaon sabha and also the member of the Land Mangement Committee of the village and on 04.8.2022 a resolution was passed in the Land Management Committee's meeting with regard to the construction of overhead tank under ‘Jal Jeevan Mission’ on Gata no.915/0.177 hectare. A copy of the resolution has been filed as Annexure - 2 to the petition.

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The State Government released the fund for construction of such overhead tank, however, gata no.880 is being dug up by the opposite party no.6 for construction of overhead tank without their being any resolution of the Land Management Committee. This action of the opposite party no.6 is on the instance of the lekhpal of the area concerned who in collusion with the private respondents who are in illegal possession of part of gata no.915 have engineered such action by the opposite party no.6.

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The petitioner has moved an application on 12.9.2024 to the opposite parties for stopping construction of overhead tank on gata no.880 and may construct the same as per proposal dated 04.8.2022 on gata no.915.

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Shri Mohan Singh, learned counsel on the basis of instructions sent by the Gram Pradhan, the opposite party no.5 has also supported the contention raised by the counsel appearing on behalf of the petitioner. He has stated that after release of fund boring was also done on gata no.915, however, for some reason best known to the respondents no.3 and 4 the opposite

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party no.6 was directed to construct overhead tank some 800 meters away from the place of boring.

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Written instructions are kept on record.

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Let counter affidavit be filed by the opposite party no.3 and the opposite party no.5 within three weeks.

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List this matter on 16.10.2024. Till the next date of listing construction of the overhead tank in question shall remain stayed.

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Order Date :- 18.9.2024 mks

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Ram Raj v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Ram Raj v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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