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2025 DAILYLAW 108533 (ALL)

MOHAMMAD UMAR v. State of U.P. AND 4 OTHERS

WRIC/40827/2024 · 2025-03-17

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38630 Court No. - 33 Case :- WRIT - C No. - 40827 of 2024 Petitioner :- Mohammad Umar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Nigam,Vijay Pratap Yadav Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Prakash Padia,J. 1. List of fresh cases has been revised but nobody is present on behalf of the petitioner to press the petition though learned Standing Counsel for respondent Nos.1 to 3 and Sri Arun Kumar Pandey, learned counsel for the respondent No.5/Gaon Sabha is present. 2. The petitioner has preferred the present writ petition with the following prayer:- (a). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to restrain to the respondent no.4 for illegal possession over the Gata No.76/5 area 0.759 hectare situated at Village Amannagar @ Harrewala, Tehsil-Dhampur, District Bijnor, within a reasonable/stipulated period as fixed by this Hon'ble Court. 3. From perusal of the record, it is clear that the petitioner sought the relief against the respondent No.4/Islamuddin who is a private person. It is settled law that relief sought against the private individuals cannot be granted under writ jurisdiction. Law in this connection is well settled that mandamus cannot be issued against the private individuals and the appropriate remedy lies under the common law. 4. In this view of the matter, the Court is of the opinion that the present petition be dismissed as not maintainable. 5. Since nobody is present on behalf of the petitioner even in the revised call, the present petition is dismissed in default. Order Date :- 18.3.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad