Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 128616 (ALL)

JANUKI @ JANKI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 19 OTHERS

WRIC/2499/2025 · 2025-03-10

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14618-DB Court No. - 2 Case :- WRIT - C No. - 2499 of 2025 Petitioner :- Januki @ Janki And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 19 Others Counsel for Petitioner :- Sushil Kumar Singh,Ayush Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard Sri S.K. Singh, learned counsel for the petitioner and Sri Manish Mishra, learned Standing Counsel for the opposite parties. 2. Petitioner is directed to implead Superintendent of Police, Hardoi as an opposite party in this petition during course of the day. 3. Petitioners want respondent nos.1 and 2 to take action against respondent nos.3 to 17 regarding life and property, details of which have been given in the relief clause. 4. The contention of Sri S.K. Singh, learned counsel appearing for the petitioners is that before the consolidation courts, the petitioners have orders in their favour arising out of proceedings under Section 9 A(2) of U.P. Consolidation of Holdings Act, 1953 which have been upheld right up to DDC level. Although, the said orders are under challenge in a writ petition filed by the opposite party nos.3 to 17, there is no interim order in it. In the interregnum, the petitioners claims to have initiated proceedings under Rule 109 of the U.P. Consolidation of Holdings Rules, 1954 wherein it is claimed that not only the records were corrected but the possession was also handed over to the petitioners. However, the grievance now is that there are some trees existing on the said land and opposite party nos.3 to 17 are interfering with the possession of the petitioners with the help of opposite party no.2. 5. These issues cannot be seen under Article 226 of the Constitution of India. As regards interference by opposite party no.2 or any other police officials, the petitioners should approach Superintendent of Police, Hardoi raising specific grievance, giving details thereof which can be got inquired as the police officials can interefere in such matters only if there is a law and order problem, apprehension of breach of peace, apprehension of commission of any crime or it has actually been committed or there is order of any court to be complied or there are other valid grounds in any law/statue for their interference. If any such application is filed then S.P., Hardoi shall get the same inquired to ascertain the correct facts and do the needful after hearing the affected parties but at the earliest. We, however, make it clear that we have not at all entered into question of title and possession, if any, involved in the matter pertaining to the land in question. 6. Let a copy of this order be provided to the parties within twenty four hours on payment of usual charges. 7. With the aforesaid liberty, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 10.3.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench