Vimla v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Secrt. Lko. and Others

Court No. - 9 Case :- WRIT - C No. - 5161 of 2023 Petitioner :- Vimla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Civil Secrt. Lko. And Others Counsel for Petitioner :- Fakhruddin Ali Ahmad Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel as well as learned counsel for Gram Panchayat.

¶2The present writ petition under Article 226 of the Constitution of India has been filed with the prayer to issue a writ, order or direction in the nature of mandamus directing the opposite parties particularly opposite party no.2 to restrain the opposite party nos. 4 & 5 from installing Government Water Tank over the land in dispute i.e. Gata No. 3089 situate at village-Hazipur Barsendi, Block-Sohawal, Tehsil-Sohawal, District-Ayodhya.

¶3Sri Mohan Singh, learned counsel appearing for the Gram Panchayat, Hazipur Barsendi, Block-Sohawal, Tehsil-Sohawal, District-Ayodhya submitted that the land of Gata No. 3089 village-Hazipur Barsendi, Block-Sohawal, Tehsil-Sohawal, District-Ayodhya is a barren land and the petitioner has no right over same.

¶4Considering the aforesaid stand taken on behalf of the Gram Panchayat and also taking into account the larger public interest for which the over-head tank is being constructed, this Court does not find any ground to grant relief as prayed for. This petition is devoid of merit.

¶5In view of above, the present writ petition stands dismissed. (Syed Qamar Hasan Rizvi,J.) (Dinesh Kumar Singh,J.) Order Date :- 22.6.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench