SHOBHA RANI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/42076/2024 · 2025-07-09
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111833 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111833 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110272 Court No. - 35 Case :- WRIT - C No. - 42076 of 2024 Petitioner :- Shobha Rani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Sri Babu Lal Ram, learned counsel for the petitioners and Sri Awadhesh Kumar Patel, learned standing counsel for the State- respondents are present.
2. By means of the present writ petition the petitioners have prayed for a writ in the nature of mandamus directing the Sub Divisional Magistrate, Sadar Robertsganj, District Sonbhadra / respondent no. 3 to take suitable action against Neeraj Agarwal and Vijay Agarwal, who are trying to interfere in the possession of the petitioners.
3. Learned standing counsel, at the very outset, has raised a preliminary objection regarding the maintainability of the writ petition on the ground that by means of the present writ petition the petitioners have sought relief against the private parties though they had not been impleaded them as respondents and as such the writ petition under Article 226 of the Constitution of India against the private respondents is not maintainable.
4. Confronted with the aforesaid objection, learned counsel for the petitioners prayed that he may be permitted to withdraw the present writ petition with a liberty to the petitioners to avail remedies as permissible under law.
5. In view of the aforesaid, the writ petition is accordingly dismissed as withdrawn with the liberty to the petitioners to avail appropriate remedy in accordance with law before the competent civil court having jurisdiction. Order Date :- 10.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad