ANIL KUMAR DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
WRIC/1893/2025 · 2025-02-28
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125120 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125120 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12404-DB Court No. - 2 Case :- WRIT - C No. - 1893 of 2025 Petitioner :- Anil Kumar Dwivedi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Jyoti Rajpoot,Anshuman Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The petitioner claims that there are eucalyptus trees existing on his Bhumidhari land. The land and the said trees were gifted to him by his father vide a registered gift deed, however, the police authorities are interfering whenever the petitioner wants to cut the trees. Learned Standing Counsel has written instructions from the local police to inform the Court that the nephew of the petitioner i.e. opposite party No.4 had given a complaint in respect of the trees but the police has counseled him to seek remedy before the Court.
3. In view of the above, we dispose of the writ petition with the observations/directions that so far as the local police is concerned, the same could not interfere with the land in question or the rights of any person, who may be in possession or claiming title to the land and trees existing thereon unless there is a law and order problem, apprehension of breach of peace or apprehension of commission of any crime or there are other valid grounds in any law/statue for their interference or there is order of Court which is to be complied with. If there is any dispute between the petitioner and opposite party No.4 they can pursue the remedies before the Court concerned. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 28.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench