Court No. - 7 Case :- WRIT - C No. - 443 of 2010 Petitioner :- Shambhoo Lal & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Sunil Kumar Srivastava,Girish Chandra Yadav Respondent Counsel :- C.S.C. Hon'ble Devendra Pratap Singh,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the parties.
The facts would be clear from a perusal of the following portion of the
order dated 23.4.2010:
“The petitioners have approached this Court with the allegation that
without adopting any procedure known to law, possession of Plots No.
432, 438, 441 and 442 situated in village-Gauhani, post-Ayodhya,
Tehsil-Koraon, District-Allahabad have been illegally taken over by the
Public Works Department and road has been constructed.
The affidavits have been exchanged between the parties and from
perusal of various documents, it appears that till now correct
demarcation has not been made. It is stated that although the chak
road on the spot was 8 feet wide but road has been built 24 feet wide
and that is how the plots no. 438 and 441 have been taken within the
laid road.
In pursuance thereof, affidavits have been exchanged between the
parties and the consistent stand taken by the respondents is that the
16 feet road has been constructed only over plot nos. 432, 444
belonging to the petitioner and over plot no. 431 which does not
belong to the petitioner. There is acute dispute between the parties as
to whether the road has been built over petitioners other plots. This
question of fact cannot be determined in these proceedings. It would
be appropriate that the petitioner approaches the regular civil court
which can determine this factual aspect.
Since the admitted amount with soletium according to them at the
market rate has been paid, no further orders are required.
However, the petitioner shall not be arrested in pursuance of the F.I.R.
till the filing of the charge sheet.
Subject to the aforesaid, writ petition is finally disposed off.
Order Date :- 6.8.2010
AK