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2016 Supreme(All) 664

SUDHIR AGARWAL, RAKESH SRIVASTAVA
LAVKUSH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Mohd. Kashif Rafi and M.A. Siddiqui for the Petitioners; C.S.C., Shailendra Singh Chauhan and Savitra Vardhan Singh for the Respondents.

JUDGMENT

By the Court.—Heard Sri M.A. Siddiqui, Advocate, for petitioners, learned Standing Counsel for State-respondents and Sri Savitra Vardhan Singh, Advocate for respondent 2-Nagar Nigam.

2. The grievance of petitioners, who are 19 in numbers and all are residents of Dauda Kheda, Police Station Para, Lucknow is that there is a public pathway connecting houses of petitioners to R.D.S.O.-Rajajipuram Road falling in Village/Mohalla Dauda Kheda. Respondents 6 and 7 are encroaching upon a public pathway by raising construction of a religious structure (Temple) and attempting to encroach upon the public land. They have already constructed a Chabutara creating obstruction in smooth passage on the said public pathway and despite several complaints to local and District authorities, none has paid any heed to said grievance of petitioners. Photographs showing partial construction raised on pathway and construction material kept on public pathway for raising further constructions have also been filed.

3. Sri Siddiqui, learned counsel for petitioners, in a very spirited manner advanced his arguments that people of this Country are basically simple and have faith in one or the other religion













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