Court No. - 9
Case :- WRIT - C No. - 27842 of 2019 Petitioner :- Lalata Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- V.K. Agnihotri Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition has filed filed seeking the following relief:-
"(a) Issue a writ petition, order or direction in the nature of mandamus commanding and directing the respondents so they may not to construct the drainage on the Gata Nos. 253 area 0.40 hectare and Gata No. 254 area 0.81 hectare which is reserve land and also direct them to construct the drainage towards unreserved land on Gata No. 280 area 0.41 hectare situated at Village Nagla Vidhi, Village Panchayat Niloi, Block and Tehsil-Jaswant Nagar, District Etawah, in the interest of justice."
The petitioner appears to be a busy body. It is not disputed in the writ petition that plot nos. 253 and 254 are plots belonging to the Gaon Sabha. The petitioner in paragraph 4 of the writ petition has averred that he is concerned with plot nos. 259 and 242 only which belong to him.
It is therefore, clear that he is absolutely no concern with plot nos. 253 and 254 over which a drainage naali is being constructed.
Under the circumstances, therefore, this Court is constrained to observe that the petitioner cannot be aggrieved by construction of a drainage naali over land belonging to the Gaon Sabha. He thus has no locus to maintain this petition.
The writ petition is accordingly dismissed.
Order Date :- 22.8.2019 Mayank