Narendra Pandey and 11 Others v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 39719 of 2023 Petitioner :- Narendra Pandey And 11 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Madan Mohan Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and learned Standing Counsel.

¶2Present writ petition has been preferred for following reliefs:- "(a) issue a writ, order or direction in the nature of mandamus directing to respondents to stop the illegal construction of Road viz Pawani-Kala to Dharanipur Ranipur Marg over the petitioners' plots (as mentioned paragraph No.4 and 5) (Annexure No.1 & 2) situates under territorial area of village Kataie and Pawani Kala, Block-Palhna, Tehsil-Mehnagar, District Azamgarh.

(b) issue a writ, order or direction in the nature of mandamus directing to respondents concerned not dispossess to the petitioners from their Sankramniya Bhumidhari (as mentioned in paragraph no.4 and 5 (Annexure No.1 & 2) situates under territorial area of Village Kataie and Pawani Kala, block Palhna, Tehsil Mehnagar, District Azmagarh in aggregate or any part of it without providing compensation in accordance with law; during the pendency of instant writ petition before this Hon'ble High Court."

¶3Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue and with the consent, the writ petition stands disposed of asking the concerned Sub Divisional Magistrate to look into, examine and redress the grievance of the petitioner strictly in accordance with law expeditiously but certainly after giving opportunity to all the stake holders in the matter. Order Date :- 1.12.2023 SP/ High Court of Judicature at Allahabad