Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 111251 (ALL)

SMT ARSHIYA KHATOON v. STATE OF U.P. AND 5 OTHERS

WRIC/42333/2024 · 2025-04-27

S Q H Rizvi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:65297 Court No. - 34 Case :- WRIT - C No. - 42333 of 2024 Petitioner :- Smt Arshiya Khatoon Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Azad Khan, learned counsel for the petitioner, Shri Dhananjay Singh, learned counsel appearing for the State- respondents No. 1, 2, 3 & 4 and Shri Himanshu Shukla, Advocate holding brief of Shri Bhupendra Kumar Tripathi, learned counsel appearing for the Gaon-Sabha-respondent No. 6. 2. By means of present writ petition, the petitioner has prayed for a direction in the nature of mandamus directing the respondent No. 3 to remove the encroachment made by the respondent No.5 over the Arazi No. 212, which is shown in the revenue record as Naveen Parti. 3. Learned counsel appearing on behalf of the State-respondents submits that no legal proceeding regarding the removal of alleged encroachment by the respondent No.5 in respect of Arazi No. 212 is pending and, as such, the relief as prayed for in the instant writ petition is not sustainable. He further submits that no person can be dispossessed without due course of law. 4. Confronted with the above objection, learned counsel for the petitioner prayed for withdrawal of the writ petition with liberty to the petitioner to pursue the remedy before the appropriate authority as prescribed under law. 5. In view of aforesaid, instant writ petition is disposed of with the liberty as aforesaid. Order Date :- 28.4.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad