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2025 DAILYLAW 123417 (ALL)

KHURASHIDA KHATOON v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND OTHERS

CRLP/1325/2025 · 2025-02-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10026-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1325 of 2025 Petitioner :- Khurashida Khatoon Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the parties and perused the record. This petition has been filed with the following main prayers :- i. To issue a writ, order or direction in the nature of Mandamus commanding to the opposite parties to take necessary action against the opposite party no.4 and 5 whereby conduct of the opposite party no.4 and 5 against the petitioner is illegal, arbitrary and against the law. ii. To issue a writ, order or direction in the nature of Mandamus commanding to the opposite parties no.3 to 5 to not create any hindrance in peaceful living of the petitioner. iii.To issue a writ, order or direction in the nature of Mandamus commanding to the opposite party no.2 to decide the representation dated 04.02.2025 within stipulated period It has been submitted by the learned counsel for the petitioner that the petitioner has bought certain land from opposite party no.5 on which she had got constructed her own house after obtaining the subsidy under the Pradhanmantri Awas Yojana for the year 2023-24. Now the opposite party no.5 in collusion with Sub Inspector/ Chowki Incharge of police station Dariyabad Hari Prasad Upadhyaya has forcibly evicted the petitioner from her residence and the petitioner has been made an application/ representation on 04.02.2025 to the higher authorities but no action has been taken in this matter. Learned A.G.A. has produced before this Court instructions sent by Shri Atar Singh, S.I. police station – Dariyabad, District Barabanki wherein it has been stated that opposite party no.5 has sold off the same land to one Vinod Kumar Jaiswal son of Late Ramapati Jaiswal and the sale deed which was allegedly executed by the opposite party no.5 in favour of the petitioner does not indicate any plot number/ gata number of land which the petitioner had been sold off by the opposite party no.5. Dispute appears to be civil in nature. This petition is disposed of with the direction to the petitioner to make a representation to the Supdt of Police Barabanki within two weeks from today. If such representation is made the Supdt of Police, Barabanki shall call for comments from the SHO police station Dariyabad and then pass appropriate orders thereon within six weeks thereafter. Order Date :- 14.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench