WARIS ALI AND ANOTHER v. COLLECTOR/DISTRICT MAGISTRATE BAHRAICH AND 2 OTHERS
WRIC/1886/2025 · 2025-03-04
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125353 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125353 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12787-DB Court No. - 2 Case :- WRIT - C No. - 1886 of 2025 Petitioner :- Waris Ali And Another Respondent :- Collector/District Magistrate Bahraich And 2 Others Counsel for Petitioner :- Ajey Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard Shri Ajey Singh, learned counsel for the petitioners and learned Additional Chief Standing Counsel for the State.
2. The petitioners claim to be sole recorded bhumidhars of land bearing Gata No. 137.
3. It is contended that the proceedings initiated by the opposite parties no. 3 under Section 145 Cr.P.C. have also been dropped and the Suit for permanent injunction bearing Suit No. 23 of 2022 filed by him, has also been dismissed on 11.09.2024, however, in the application contained in Annexure no. 1 it is mentioned that it is the opposite party no. 3 who is in possession of the land.
4. In this view of the matter, the remedy for the petitioners is to initiate proceedings under the criminal/civil/revenue, as the case may be, as, such questions of possession can not be decided in the writ jurisdiction under Article 226 of the Constitution of India.
5. With the aforesaid observations/directions, the writ petition is
disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 4.3.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench