Court No. - 32
Case :- WRIT - C No. - 6627 of 2019 Petitioner :- Sundari Shoba And 21 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, inter alia, for the following reliefs;
"(i) issue a writ order or direction in the nature of mandamus commanding the respondent no. 3 not to construct any road through the plot no. 1717ka, 1718ga and 1857 situated in Mauja Mukundpur and plot no. 90 and 91 situated in Mauja Rajapur, Chaubara, Tehsil Soroan, District Allahabad without adopting due process of law.
(ii) issue a writ order or direction in the nature of mandamus commanding the respondents to remove their material from the petitioners land forthwith.
(iii) issue a writ order or direction in the nature of mandamus commanding the respondent no. 1 and 2."
Heard learned counsel for the parties and perused the record.
By order dated 24.7.2019, learned Standing Counsel was directed to seek instructions in the matter. On the basis of instructions received, learned Standing Counsel stated that the public road in question is 15 years old and is being merely repaired. He further submitted that no construction is being made by the authorities concerned on the land belonging to the petitioner.
Learned counsel for the petitioners has rebutted the contentions made by the learned Standing Counsel.
A perusal of the record shows that disputed questions of fact are involved in the present matter which cannot be adjudicated upon by this Court in exercise of its powers conferred under Article 226 of the Constitution of India. However, it is open for the petitioner, if he is so advised, to approach the the appropriate authority/common law court to ventilate his grievances, if any.
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With this observation, this writ petition stands finally disposed of.
Order Date :- 31.7.2019 vinay