Ram Aachhaivar vs State of U.P. Thru. Prin. Secy. P.W.D. Lko. and Others — Allahabad HC (2025) — LawSathi Research

Ram Aachhaivar vs State of U.P. Thru. Prin. Secy. P.W.D. Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: impleadment application taken on record with liberty to petitioner to file objections; opposite party no.5 to file affidavit as to authority for entering/utilizing the land; matter listed fresh on 05th of May, 2025. No final relief granted at this stage.

Issue for consideration

Whether opposite party no.5 (Executive Engineer, Public Works Department, district Ambedkar Nagar) acted under lawful authority in entering upon and utilizing the petitioner's bhumidhar land for construction of a Bye-Pass without acquiring it, whether compulsorily or by purchase.

Court's answer

Opposite party no.5 directed to file an affidavit disclosing under what authority he entered the petitioner's land and allegedly utilized it for public purpose without acquiring it, whether compulsorily or by purchase; case listed fresh on 05.05.2025.

Key takeaways

Impleadment application of Prem Shankar taken on record; petitioner permitted to file objections, if any, to the said impleadment application.¶12

Detailed headnote1 paragraphs

Interim order, High Court of Judicature at Allahabad, Lucknow Bench (Rajan Roy and Om Prakash Shukla, JJ.), dated 15.4.2025 in WRIT - C No. 3519 of 2025. Petitioner Ram Aachhaivar, claiming to be recorded bhumidhar of Gata Nos. 291, 319 in village Lalapur and Gata No. 117 in village Ariyona, Pargana and Tehsil Akbarpur, District Ambedkar Nagar, alleges that opposite party no.5, Executive Engineer, Public Works Department, utilized his land for construction of a Bye-Pass without purchasing it. Learned Standing Counsel stated the petitioner had consented to sell, a sale deed was prepared with his thumb impression, but other formalities were not completed. Prem Shankar, claiming to be the petitioner's son and already having filed Original Suit No. 268 of 2018 for permanent injunction, sought impleadment; the application was taken on record with liberty to the petitioner to file objections. Opposite party no.5 was directed to file an affidavit disclosing under what authority he entered and allegedly utilized the land for public purpose without acquiring it, whether compulsorily or by purchase. Case listed fresh on 05.05.2025, showing Vidya Bhushan Pandey as counsel for the applicant.

Court No. - 2

Case :- WRIT - C No. - 3519 of 2025

Petitioner :- Ram Aachhaivar

Respondent :- State Of U.P. Thru. Prin. Secy. P.W.D. Lko. And Others Counsel for Petitioner :- Suyash Dwivedi Counsel for Respondent :- C.S.C.,Vidya Bhushan Pandey

Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

1. Heard.

2. The petitioner claims to be recorded as bhumidhar of land, bearing Gata No. 291, 319 situated in village Lalapur and Gata No. 117 situated in Village Ariyona, Pargana and Tehsil Akbarpur, District Ambedkar Nagar. His grievance is that without purchasing the same, the opposite party no.5-Executive Engineer, Public Works Department, district Ambedkar Nagar, has utilized his land for purposes of construction of a Bye-Pass.

3. Learned Standing Counsel says that the petitioner had consented to sell the land. The sale deed had also been prepared, he had put his thumb impression on the same but did not complete the other formalities.

4. One Prem Shankar claiming himself to be the son of the petitioner has filed an application for imleadment, which is taken on record, submitting that the land in question is ancestral and the petitioner after selling the same intends to give the sale

consideration to his other two sons. Applicant-Prem Shankar has already filed a suit for permanent injunction, bearing

Original Suit No. 268 of 2018.

5. Let the petitioner file objection, if any, to the said impleadment application.

6. Opposite party no.5 shall also file an affidavit as to under what authority he entered the land of the petitioner and as alleged, has utilized it for public purpose, if it is so, without acquiring the same, whether compulsorily or by purchase.

7. List this case on 05^th of May, 2025 as fresh , showing the name of Shri Vidya Bhushan Pandey as Counsel for the applicant-Prem Shankar.

(Om Prakash Shukla, J.) (Rajan Roy, J.)

Order Date :- 15.4.2025

Ajit

Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench