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2025 DAILYLAW 128848 (ALL)

KESHARI SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 8 OTHERS

WRIC/2679/2025 · 2025-03-19

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15874-DB Court No. - 2 Case :- WRIT - C No. - 2679 of 2025 Petitioner :- Keshari Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home And 8 Others Counsel for Petitioner :- Mahendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. Considering the order proposed to be passed issuance of notice to private opposite parties is dispensed with. 3. As regards the private dispute in respect of the land in question, a civil suit is already pending, therefore, if there is any grievance the same can be pursued by the petitioner. However, here the allegation is that local police officer is facilitating the illegal construction on the land in question. We are of the opinion that as far as district authorities including police persons are concerned they can intervene 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 and not otherwise. Petitioner may, therefore, approach the Superintendent of Police, Raebareli who may get the matter inquired as to whether there is any illegal interference by opposite party no.7 in a private dispute, if so, to take remedial measures. However, if he finds that it is not so then the matter would rest as it is, but, information in this regard be given to the petitioner. Needless to say that opposite party no.7 shall also be heard by Superintendent of Police, Raebareli before taking a decision. Let this exercise be completed within three weeks. This order is without prejudice to the rights, if any, of private parties i.e. opposite party nos.8 and 9, if they claim any right in respect of the land in question. 4. With these observations/ direction, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 19.3.2025/Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench