Nurul Amin vs District Magistrate Balrampur and 2 Others — Allahabad HC (2026) — LawSathi Research

Nurul Amin vs District Magistrate Balrampur and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent no.1, District Magistrate, Balrampur, to consider and decide the petitioner's representation dated 20.01.2026 (Annexure No.3) expeditiously, preferably within two weeks from production of a certified copy of the order, in accordance with law, and to communicate the decision to the petitioner; and, if it is found that the respondents are constructing on the petitioner's holding, to pass appropriate orders to restrain any further construction and for removal of the encroached kharanja marg.

Issue for consideration

Whether a chak road may be constructed by the Gram Pradhan (respondent no.3) through the petitioner's holding situated at Gata No.911, measuring 0.607 hectare, in Village Majgawan, Pargana and Tehsil Balrampur, District Balrampur. +1 more

Court's answer

In case it is found that the respondents are constructing on the holding of the petitioner, the District Magistrate shall pass appropriate orders to restrain any further construction and for removal of the encroached kharanja marg.

Ratio / Principle

The writ petition is disposed of with a direction to respondent no.1, District Magistrate, Balrampur, to consider and decide the petitioner's representation dated 20.01.2026 (Annexure No.3 to the writ petition) expeditiously, preferably within a period of two weeks from the date a certified copy of the order is produced before him, in accordance with law, and to communicate the decision to the petitioner.

Detailed headnote1 paragraphs

Nurul Amin v. District Magistrate, Balrampur and 2 Others (High Court of Judicature at Allahabad, Lucknow, WRIT - C No. 3622 of 2026, decided April 16, 2026; HON'BLE Alok Mathur, J. and HON'BLE Amitabh Kumar Rai, J.). The petitioner complained that respondent no.3, the Gram Pradhan of Gram Panchayat Majgawan, Block Shivpura, Tehsil Balrampur, District Balrampur, was constructing a chak road through his holding at Gata No.911, measuring 0.607 hectare, in Village Majgawan. On the joint submission of counsel, and without opposition from the Standing Counsel, the Division Bench disposed of the writ petition with a direction to respondent no.1, the District Magistrate, Balrampur, to consider and decide the petitioner's representation dated 20.01.2026 (Annexure No.3) expeditiously, preferably within two weeks of production of a certified copy of the order, in accordance with law, and to communicate the decision to the petitioner. The order further provides that if it is found that the respondents are constructing on the petitioner's holding, the District Magistrate shall pass appropriate orders to restrain any further construction and for removal of the encroached kharanja marg.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 3622 of 2026

Nurul Amin

.....Petitioner(s)

Versus

District Magistrate Balrampur And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Dhirendra Kumar Mishra, Satendra Kumar Mishra Counsel for Respondent(s) : C.S.C., Pankaj Gupta

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

The grievance raised by the petitioner is with regard to the action of respondent no.3 i.e. Gram Pradhan, Gram Panchayat Majgawan, Block Shivpura, Tehsil Balrampur, District Balrampur, whereby a chak road is being constructed through the holding of the petitioner situated at Gata No.911, measuring an area of 0.607 hectare in Village Majgawan, Pargana and Tehsil Balrampur, District Balrampur.

After arguing at some length, learned counsel for the petitioner submits that the grievance of the petitioner shall be substantially redressed if respondent no.1, District Magistrate, Balrampur, is directed to consider and decide the representation of the petitioner dated 20.01.2026 as contained in Annexure No.3 to the writ petition, expeditiously.

Learned Standing Counsel does not oppose the innocuous prayer made by the petitioner.

Accordingly, the writ petition is disposed of with a direction to respondent no.1, District Magistrate, Balrampur, to consider and decide the representation of the petitioner dated 20.01.2026 as contained in Annexure No.3 to the writ petition, expeditiously, preferably within a period of two weeks from the date a certified copy of this order is produced before him in accordance with law and to communicate the decision to the petitioner. In

WRIC No. 3622 of 2026

2

case it is found that the respondents are constructing on the holding of the petitioner, he shall pass appropriate orders to restrain any further construction and for removal of the encroached kharanja marg.

April 16, 2026 Mahesh

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

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