SHAILESH SINGH CHANDEL v. State of UP AND 3 OTHERS
WRIC/40114/2024 · 2025-04-22
Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109365 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109365 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62412 Court No. - 85 Case :- WRIT - C No. - 40114 of 2024 Petitioner :- Shailesh Singh Chandel Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Manoj Kumar Srivastava,Pramod Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1,2 and 3.
2. Raising allegation upon the respondent no. 4 to the extent that certain encroachment has been made by him over a passage, which was left by mutual consent, the petitioner has filed representation before the District Magistrate and the present writ petition has been filed seeking a writ of mandamus directing the District Magistrate to decide the said representation.
3. The Court has perused the representation, prayer wherein is in the nature of injunction restraining the respondent no. 4 from taking possession over the five fit passage and from raising constructions thereon. Such a representation on the administrative side is not recognized by the U.P. Revenue Code-2006, particularly when the petitioner claims himself to be Bhumidar of the land, as passage has been alleged to have been left by mutual consent of certain persons. These questions, being disputed questions of fact, need to be decided in appropriate proceedings recognized by the Code and not by way of representation moved before the District Magistrate on administrative side.
4. Since the District Magistrate has no jurisdiction to entertain such a representation, no writ of mandamus can be issued.
5. The writ petition is, accordingly, disposed of with liberty to the petitioner to file appropriate regular proceedings under the relevant provisions of U.P. Revenue Code-2006. Order Date :- 23.4.2025 Pkb/ Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad