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2025 DAILYLAW 10864 (ALL)

SHYAM LAL S/O LATE PHOOLCHAND AND 4 OTHERS v. STATE OF U.P. THROUGH SECRETARY HOME DEPARTMENT U.P.

WRIC/1972/2025 · 2025-03-02

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29476-DB Court No. - 29 Case :- WRIT - C No. - 1972 of 2025 Petitioner :- Shyam Lal S/O Late Phoolchand And 4 Others Respondent :- State Of U.P. Through Secretary Home Department U.P. Counsel for Petitioner :- Mohd. Shahanshah Khan Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the parties. Following orders were passed on 17.02.2025: "Contention is that there is already an order passed by the competent civil court directing the parties to maintain status quo. It is submitted that despite such orders passed the police personnel are forcing the petitioners to be dispossessed from the land in question. Learned Standing counsel may obtain instructions from respondent nos.4 to 7 by the next date fixed. Post as fresh once again on 3.3.2025." Learned State Counsel has obtained instructions, according to which there was threat to peace on the spot and action referable to Sections 107/116 Cr.P.C. alone has been taken on the spot. It is also stated that the police authorities are not taking side and adjudication of respective private claim of the parties would be as per directions of the competent civil court. Once that be so, we dispose of the present writ petition by clarifying that the authorities shall not take side of the individuals who are already litigating over their rights on the land before the civil court. Interference by the State authorities would be limited to taking steps for ensuring peace on the spot. The authorities of the State otherwise shall ensure that the order of the competent civil court is duly respected and implemented on the spot as per directions of the court concerned and in accordance with law. We further clarify that in the event there is any order passed by the revenue authority, the same shall also be taken note of by the competent civil court while adjudicating rights of the parties. Order Date :- 3.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad