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2025 DAILYLAW 105752 (ALL)

RAMKESH YADAV v. State of UP AND 5 OTHERS

WRIC/35797/2024 · 2025-07-16

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115718 Court No. - 34 Case :- WRIT - C No. - 35797 of 2024 Petitioner :- Ramkesh Yadav Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Pawan Kumar Vishwakarma,Ramashankar Yadav,Vijit Saxena Counsel for Respondent :- C.S.C.,Deepak Prajapati,Rameshwar Prasad Shukla,Suresh Kumar Maurya Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "i. Issue a writ, order or direction in the nature of mandamus to direct the respondent no.02 to restrain the respondent nos.04 to 06 from raising new illegal construction and encroachment, over the land in question Village-Gata No.780/-100, 761/0-0437, 786/0-316 hect. Which is recorded in the revenue record as Bheeta situated at Village-Mauja-Nevada, Pargana-Mahul, Tehsil- Martinganj, District-Azamgarh." From perusal of the prayer made in the writ petition, it appears that it is a private dispute between the petitioner and private respondent nos. 4 and 6. No mandamus can be issued while exercising extraordinary jurisdiction under Article 226 of Constitution of India against private respondents as they are not instrumentality of Stat as defined under Article 12 of Constitution of India. Writ petition fails and is hereby dismissed. Order Date :- 17.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad