Ramdev vs State Of U.P. And 5 Others
2023 Latest Caselaw 7383 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 37707 of 2022
 

 
Petitioner :- Ramdev
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Kunwar Mayank Singh,Shiv Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Anil Kumar Yadav,Azad Rai
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Budhwar,J.

In the written instructions, supplied by Sri Azad Rai, learned Advocate appearing for respondent, namely, Gram Sabha, it is categorically stated that Arazi No.235, area 0.1710 hectares is recorded as 'usar' in the revenue records and an old public road is running over the said land. The petitioner being the bhumidhar of Gata No.236 area 2-16-0 is making a false statement regarding construction of road over his plot. It is further stated that the old public road was dug so as to lay a pipe under it and it has later been repaired.

The submission of the Gram Padhan on behalf of Respondent no.6 is that in fact the son of the petitioner herein, namely, Jag Lal is making illegal encroachment over the public road by raising certain illegal constructions.

A further perusal of the record indicates that the petitioner herein is claiming violation of permanent prohibitory injunction granted by the Civil Court by judgment and order dated 29.02.1988 and the decree dated 10.03.1988 passed in Original Suit No.962 of 1987. It is thus open for the petitioner to approach the Civil Court for reddressal of his grievances.

The writ petition is accordingly dismissed.

Order Date :- 14.3.2023

N.S.Rathour