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2025 DAILYLAW 115061 (ALL)

INDRAVATI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 5 OTHERS

WRIC/259/2025 · 2025-01-22

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4265-DB Court No. - 2 Case :- WRIT - C No. - 259 of 2025 Petitioner :- Indravati And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 5 Others Counsel for Petitioner :- Ravi Pratap Singh,Abdul Raheem Khan Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard. 2. The petitioners have filed this petition seeking a writ of mandamus directing opposite parties no. 1 to 4 to ensure that the opposite party no. 5 does not encroach upon the land of the petitioners bearing Gata No. 13 situated at Village Pakari Khurd, Lambhua, Sultanpur. The opposite party no. 5 has purchased the land or part of it from opposite party no. 6 who is relative of the petitioners. In the mutation proceedings also the name of opposite party no. 5 has been recorded. An application for recall has been filed by the petitioners. Against the aforesaid background, this petition has been filed. 3. We asked the counsel for the petitioners as to under which authority of law the opposite parties no. 1 to 4 who are official opposite parties will restrain the opposite party no. 5 in the matter if she has a sale-deed in her favour which has not been cancelled as yet and her name is also recorded in respect of the land she has purchased, he was unable to give any answer much less an acceptable one. We, then, asked the counsel for the petitioners as to when a writ of mandamus can be issued, he was again at sea. 4. We are fed up with such petitions everyday being filed by the counsel which are apparently not maintainable. A suit has been filed for cancellation of the sale-deed executed by opposite party no. 6 in favour of opposite party no. 5 and, as already observed, an application for recall of the order of mutation in favour of opposite party no. 5 has also been filed. 5. There is absolutely no ground for maintaining a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus in the matter, especially as, the dispute is between private parties. Neither the opposite parties no. 1 to 4 can intervene in civil dispute nor can we under Article 226 of the Constitution of India. Such petitions which are not maintainable lead to unnecessary wastage of time of the Court. There are 129 fresh cases listed today and another 100 cases in the list. It is because of such petitions being filed we are unable to take up genuine cases which may be listed today. 6. We, accordingly, dismiss the writ petition with caution to the petitioner not to file such petitions. [Manish Kumar, J.] [Rajan Roy, J.] Order Date :- 22.1.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench