Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34268 of 2025 Court No. - 53 HON'BLE ARUN KUMAR, J.
1. Heard Sri Mohammad Khalid, learned counsel for the petitioner and learned Standing Counsel appearing for respondent nos. 1 to 4. 2. The present writ petition has been filed for the following reliefs:
"(i) Issue a writ order or direction in the nature of Mandamus directing to the respondent No. 2 to consider and decide the representation dated 22.07.2025 of the petitioner in the light of the demarcation report dated 02.02.1977 and order dated 29.09.1977 passed by SDM in Case No. 179/100 of 1977 (Smt. Mariyam Vs. Gram Sabha), within stipulated period of time. (Annexure No. 1 to this Writ Petition). (ii) Issue a writ order or direction in the nature of Mandamus directing to the respondent No. 3 to remove the illegal encroachment of the respondent No. 6 from the Aarazi No. 165 and 167 of the petitioner situated at Village - Dashwant Singh Ka Pura, Tehsil - Sadar, District- Mirzapur."
3. It is contended by learned counsel for the petitioner that mother of the petitioner is the original tenure-holder of Plot Nos. 165 and 167 area 1.4210 hectare situated at Village -Dashwant Singh Ka Pura, Tehsil - Sadar, District- Mirzapur. Proceedings for demarcation of the aforesaid land was instituted by his mother which was concluded by the order of the Sub Divisional Officer, Sadar dated 29.09.1977. Versus Counsel for Petitioner(s) : Mohammad Khalid Counsel for Respondent(s) : C.S.C., Pradeep Singh Jabir Ali .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
4. Respondent no. 6 is interfering in the peaceful possession of the petitioner pursuant to which he has filed a complaint before respondent no. 2 on 22.07.2025, which is pending. 5. The nature of relief claimed by the petitioner in his application shows that there is a private dispute between the petitioner and respondent no. 6 which cannot be adjudicated by respondent no. 2 in his administrative capacity. The petitioner has a remedy of filing a suit for injunction or eviction before respondent no. 3 under Sections 133 and 134, respectively, of the U.P. Revenue Code, 2006. 6. In view of the aforesaid facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to avail the remedy available to him in the aforesaid sections or under the common law.
September 25, 2025 A. Mandhani WRIC No. 34268 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad