VIJENDRA SINGH BAGHEL v. STATE OF U.P. AND 3 OTHERS
WRIC/41697/2024 · 2025-03-06
Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111285 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111285 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33762 Court No. - 53 Case :- WRIT - C No. - 41697 of 2024 Petitioner :- Vijendra Singh Baghel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioner.
2. This petition seeks the following relief:-
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 to 3 to take necessary action against the Bhu- Mafiya/Goonds and discharge the encroachment upon the khasra No. 1292/11M area 1.1520 hectare situated at Village Narayach, Pargana and Tehsil Etmadpur, District Agra, immediately, within stipulated period."
3. It is evident from the prayer made that there is dispute between some private parties and the petitioner with regard to his possession over plot in dispute. Admittedly, the plot over which the petitioner is staking his claim is a minjumla plot having an area of 1.1520 hectare. The petitioner is not able to specify whether any demarcation has been carried out with regard to the area in his possession.
4. Under the circumstances, it is for the petitioner to seek his remedy under common law in view of the fact that the disputed questions of fact are involved in the matter involving private parties. Therefore, this Court declines to interfere in the matter.
5. This petition is, therefore, dismissed. Order Date :- 7.3.2025 sfa/ (Jayant Banerji, J) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad