AMAR SINGH @ AMAR BAHADUR v. State of UP AND 9 OTHERS
WRIC/38577/2024 · 2025-04-27
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107055 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65430 Court No. - 35 Case :- WRIT - C No. - 38577 of 2024 Petitioner :- Amar Singh @ Amar Bahadur Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Amit Kumar Singh,Kuldeep Singh,Rohit Kumar,Vipin Kumar Tiwari Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :-
"Issue a writ order or direction, in the nature of mandamus directing the pleased to direct the District Magistrate, Azamgarh (Respondent No.2) to decide the representation of the petitioner dated 24.07.2024 pending before him within stipulated period. ii. A Special Appeal is made to the Hon'ble Court that before the final Judgment is taken, please read all the application from etc given to the Hon'ble District officers and Hon'ble Revenue department officials etc in the proceeding pages."
3. A preliminary objection has been raised by learned Standing Counsel that the dispute of the petitioner is with private respondent Nos.8, 9 & 10 regarding property in question and, as such, the writ petition is not maintainable. 4. I have perused the averments made in the writ petition and the annexures annexed thereto. From perusal of the same, it is apparent that dispute of the petitioner is with private respondent Nos.8, 9 & 10 regarding property in question. 5. The Supreme Court in the case of Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 has considered a large number of its earlier judgements and held that writ petition is not the proper remedy in respect of the property dispute and the party should be relegated to seek appropriate remedy before the Civil or Revenue Court. Paragraph nos. 64 and 65 of the judgment in Shalini Shyam Shetty (supra) are extracted hereinbelow-:
"64. However, this Court unfortunately discerns that of late there is a growing trend amongst several High Courts to entertain writ petition in cases of pure property disputes. Disputes relating to partition suits, matters relating to execution of a decree, in cases of dispute between landlord and tenant and also in a case of money
decree and in various other cases where disputed questions of property are involved, writ courts are entertaining such disputes.
In some cases the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions. 65. We would like to make it clear that in view of the law referred to above in cases of property rights and in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown that a private individual is acting in collusion with a statutory authority."
6. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter. 7. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 28.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad