Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27339-DB Court No. - 29 Case :- WRIT - C No. - 41419 of 2024 Petitioner :- Radheshyam Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. It is alleged that construction of passage (paved road) on abadi land is being made by private respondents with the aid of State Authorities, and that petitioner has already obtained necessary
order in respect of protection of his possession over his land from the civil court. Prayer made in the writ is to restrain the State Authorities not to take interest in such matter. First and foremost, it is to be noticed that private dispute between the parties in respect of immovable property can be adjudicated by the competent civil court. The alleged construction of road is by private parties. This civil dispute between the private parties cannot be given colour of State action by merely levelling vague and general allegation of interference by the State Authorities. Learned Standing Counsel otherwise disputes such assertion of petitioner and submits that authorities are not taking sides. In the event adjudication is already made in favour of petitioner by the civil court, his remedy would be to execute the order before the competent court. If construction made is over some other land, the remedy of the petitioner would be to institute a fresh claim before the competent court. The State authorities are otherwise not required to meddle in such private dispute and their role shall be limited to preservation of peace on the spot. Leaving it open for the petitioner to seek necessary relief from the competent court, this writ petition is consigned to records.
Order Date :- 27.2.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad