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2025 DAILYLAW 107108 (ALL)

MOHD ARIF KHAN v. State of UP AND 4 OTHERS

WRIC/37797/2024 · 2025-05-04

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71791 Court No. - 7 Case :- WRIT - C No. - 37797 of 2024 Petitioner :- Mohd Arif Khan Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Arun Kumar Srivastava,Priyanka Srivastava Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. The writ petition is filed by the petitioner praying for following reliefs:- "I. To issue a writ, order or direction, in the nature of mandamus commanding and directing the respondent concerned not to interfere in the property of the petitioner as Khasra No.3519 measuring 1.1380H, situated at Kasba, Tehsil and District Bijnor. II. To issue a writ, order or direction, in the nature of mandamus commanding and directing the respondent concerned to pass appropriate order upon the application dated 01.06.2024 moved by the petitioner in regard the non interference in his property as Khasra No.3519 measuring 1.1380H, situated at Kasba, Tehsil and District Bijnor in pursuance of the order dated 11.09.2024 passed by this Hon'ble Court in Writ (C) No.7292 of 2024 (Seema Soni Vs. State of U.P. and others)." It is submitted by learned counsel for the petitioner that the respondent nos.4 and 5 are approaching respondent authorities for demarcation of the land. The respondent nos.4 and 5 are having land adjacent to the land of the petitioner. The land of the petitioner is under civil litigation with a third party. Prima facie, this Court is of the opinion that there is a private dispute between the petitioner and respondent nos.4 and 5. The petitioner has a remedy of approaching the civil court for injunction. The writ petition lacks merit and is, accordingly, dismissed. Order Date :- 5.5.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad