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Allahabad High Court

JAGAT PAL SINGHversusSTATE OF UTTAR PRADESH AND 4 OTHERS

Decided

Holding

The petition is disposed of, directing the petitioner to file a fresh representation before the District Magistrate for appropriate action.

Summary

The petitioner, Jagat Pal Singh, filed a writ petition alleging that Respondent No.5 was illegally constructing on public land. He had previously submitted a representation to Respondent No.3, the Sub‑Divisional Magistrate, on 11‑08‑2026, seeking redress. The court examined the submissions and records and, considering the circumstances and the interest of justice, directed the petitioner to file a fresh representation before Respondent No.2, the District Magistrate of Fatehpur, within ten days, attaching a certified copy of the order. The court further instructed that, upon filing, the District Magistrate should act expeditiously and preferably within four weeks. Consequently, the writ petition was disposed of with these procedural directions.

Issues considered

  • What relief, if any, is appropriate for the petitioner alleging illegal construction on public land by Respondent No.5?

Subjects

  • public land
  • illegal construction
  • representation
  • writ petition
  • district magistrate
  • procedural direction

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                  WRIT - C No. - 34374 of 2026

Jagat Pal Singh
                                                 .....Petitioner(s)
                             Versus

State Of Uttar Pradesh And 4 Others
                                                 .....Respondent(s)

Counsel for Petitioner(s)       : Harish Chandra Mishra
Counsel for Respondent(s)       : Amit Kumar Pandey, C.S.C.

Court No. - 5
                HON'BLE PRAKASH PADIA, J.
                HON'BLE VIVEK SARAN, J.

1. It is argued that wholly illegally the Respondent No.5 is
raising construction over the public land and in this regard
representation has already been submitted by the petitioner
addressed to the Respondent No.3 namely Sub Divisional
Magistrate (S.D.M.), Tehsil Khaga, District Fatehpur on
11.08.2026, copy of which is appended as Annexure-5 to the
writ petition.

2. It is argued by the learned Standing Counsel that Respondent
No.3 will take a decision on the aforesaid representation,
expeditiously.

3. Heard counsel for the parties and perused the record.

4. In the facts and circumstances of the case and also in the
interest of justice, the present writ petition is disposed of
finally permitting the petitioner to move a fresh representation
ventilating all his grievances before the respondent no.2
namely District Magistrate, Fatehpur within a period of ten
days from today along-with certified copy of this order. In case
any such representation is filed by the petitioner before the
respondent no.2 within the time indicated herein-above, he is
directed to do the needful in the matter as per procedure
prescribed in law most expeditiously and preferably within a
                                                                                 WRIC No. 34374 of 2026
                                                            2


                                        period of four weeks from the date of filing of such
                                        representation by the petitioner before him.

                                                             (Vivek Saran,J.) (Prakash Padia,J.)

                                        September 8, 2026
                                        Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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