DULLI CHANDRA @ DULLI RAM GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 4 OTHERS
WRIC/1258/2025 · 2025-02-10
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122149 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122149 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8403-DB Court No. - 2 Case :- WRIT - C No. - 1258 of 2025 Petitioner :- Dulli Chandra @ Dulli Ram Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Petitioner :- Sri Shailendra Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner alleges interference by opposite party No.5 in his peaceful possession of Gata No.487, on which he claims to be owner. Supplementary Affidavit is filed today, which is taken on record. Annexre No.SA-2 is an order dated 07.02.2025 passed by the Sub Divisional Magistrate, Bakshi Ka Talab, Lucknow which refers to some proceedings under Section 35(2) of the Uttar Pradesh Revenue Code, 2006. Learned Standing Counsel says that the dispute is between the private parties, however, counsel for the petitioner alleges unnecessary police interference. Considering the facts of the case, we dispose of this Writ Petition with the observation/direction that if in respect of the land in question there is some private dispute between the parties, then the petitioner will have to pursue the remedies as prescribed under the civil/criminal law as the case may be. However, so far as the opposite party No.5 and other police personnel are concerned, they shall not interfere in a private/civil dispute unless and until a crime has been committed or there is any apprehension of commission of crime or there is any apprehension of breach of peace or there are other valid grounds in law or statute for their interference or there is order of any Court which has to be complied. The opposite party No.3 i.e. Deputy Commissioner of Police (North), Lucknow shall ensure compliance of this order. However, our order shall not have any bearing on any claim of any private party to the land in question viz-a-viz claim of the petitioner. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 10.2.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench