Chief Justice's Court
Case :- WRIT - C No. - 11538 of 2011 Petitioner :- Smt. Nirmala Devi Respondent :- State Of U.P. Thru Secry. And Others Counsel for Petitioner :- S.K. Purwar,Akhilesh Tiwari Counsel for Respondent :- C.S.C.,Anuj Kumar Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ is preferred to have an appropriate writ, order or direction for the respondents not to occupy the land in question by making a road and further not to dispossess the petitioner from the land aforesaid.
A counter affidavit to the writ petition has been filed stating therein that Cement Concrete Road was proposed through the plot of the petitioner but the petitioner refused to extend her consent for construction of such road, therefore, the respondents are not intending to have a road through the plot owned by the petitioner. It is also stated that no part of the land owned by the petitioner has been utilized for construction of any road.
In view of the definite stand taken by the respondents, the grievance stands satisfied.
The writ petition is disposed of accordingly. However, if any part of the land of the petitioner is utilized by the respondents without acquiring the same, the respondents in light of the counter affidavit filed in this petition for writ shall restore possession of the same with the petitioner.
Order Date :- 26.2.2019 Rameez
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(Saurabh Shyam Shamshery,J.) (Govind Mathur,C.J.)