JAGADEYI YADAV @ JAGDEI DEVI v. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS VIBHAG LKO. AND 4 OTHERS
/583/2025 · 2025-01-27
Attau Rahman Masoodi, Subhash Vidyarthi
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 118377 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118377 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5009-DB Court No. - 1 Case :- WRIT - C No. - 583 of 2025 Petitioner :- Jagadeyi Yadav @ Jagdei Devi Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas Vibhag Lko. And 4 Others Counsel for Petitioner :- Rakesh Sharma,Vijay Prakash Lall Counsel for Respondent :- C.S.C.,A.S.G.I.,Namit Sharma Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Vakalatnama filed by Shri Sankalp Dewari, Advocate on behalf of Nagar Nigam Lucknow is taken on record. Heard learned counsel for the parties. In paragraph 18 of the writ petition, the petitioner has stated as under:-
"That the opposite party No.4 is adamant to raise construction over the bhumidhari land of the petitioner and on raising objection they are threatening to use the force and to occupy the aforesaid land forcibly without paying compensation to the petitioner." It is thus clear that a private dispute between the two private parties which ought to have been agitated by the petitioner in the suit proceedings has wrongly been instituted under Article 226 of the Constitution of India. This Court in Contempt Petition No.2209 of 2015, for this very reason has left the petitioner at liberty to avail the remedy of filing a civil suit. We do not find any merit in entertaining the writ petition as it is purely a dispute between the two private parties. The writ petition is accordingly dismissed. . (Subhash Vidyarthi,J.) (A. R. Masoodi,J.) Order Date :- 27.1.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench