VIDYAWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Smt. Vidyawati, aged about 81 years, wife of Late Ram Bahadur Singh has preferred this petition for issuance of a writ in the nature of mandamus directing respondents not to construct road in bhumidhari land belonging to the petitioner comprised in Gata Nos.427, 428, 429, 495Kha, 495Ga, 432Ka and 432Kha, Situated in Village Dewarh, Pargana Chanda, Tehsil Lambhuwa, District Sultanpur.

(2.) The Court sought response from the respondents as to in what circumstances possession and ownership right of the petitioner is being disturbed, without compensating the petitioner. In Para-6 of counter affidavit dated 22.04.2019 sworn by Shri Rajesh Kumar Singh, posted as S.D.M., Lambhua, District Sultanpur it has been clarified that road has not been constructed on Gata No.432 eastern side, Gata Nos.428, 426, 495, 497 and 425. Land is being utilised by villagers and owners for ingress and egress. Khatauni has been appended with the counter affidavit as Annexure - CA-1.

(3.) Be that as it may, some of the land was left out in regard to which this Court felt that rights of the petitioner are being violated. In such circumstances, order dated 29.04.2019 was passed in the following terms:-