Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33853 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The present writ petition has been filed for a writ of mandamus commanding respondent nos. 2, 3 & 4 to prevent illegal encroachment of the Nazul land of Plot No. 542 area 186 Sq. mtrs. Raja Mandi, Agra by respondent no. 5.
2. The case of the petitioners is that on 28.07.2008, their mother filed an application before the State respondents for grant of free-hold rights in the subject land in her favour. The mother of the petitioners died on
31.08.2020.
3. The petitioners have filed Writ-C No. 29806 of 2024 against the State for grant of free-hold rights in the said land in their favour. The said writ petition is still pending. During its pendency, the private respondents filed an application before the District Magistrate, Agra and subsequently Case No. 426 of 2025 under Section 126/135 of B.N.S.S., Police Station- Lohamandi, Agra was registered against the petitioners. The same was challenged by them in application under Section 528 B.N.S.S. bearing no. 32152 of 2025 wherein the learned Single Judge vide order dated 12.09.2025 has stayed the further proceedings. It is submitted that now the private-respondent is trying to interfere in the possession of petitioners.
4. The alleged interference by a private party over the land in dispute could not be a matter of consideration on basis of the representation filed Versus Counsel for Petitioner(s) : Rajesh Kumar Gautam, Ratnakar Tiwari Counsel for Respondent(s) : C.S.C. Ganesh And 2 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
before the District Magistrate on the administrative side. The common law remedies are available to the petitioners.
5. Accordingly, the writ petition is disposed of with liberty to the petitioners to avail the said remedies, if so advised. September 24, 2025 A. Mandhani WRIC No. 33853 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad