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2025 DAILYLAW 132962 (ALL)

BABLU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. FOOD AND CIVIL SUPPLIES LKO. AND OTHERS

WRIC/3403/2025 · 2025-04-11

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20519-DB Court No. - 2 Case :- WRIT - C No. - 3403 of 2025 Petitioner :- Bablu Respondent :- State Of U.P. Thru. Addl. Chief Secy. Food And Civil Supplies Lko. And Others Counsel for Petitioner :- Shikha Srivastava,Pallavi Singh,Richa Srivastava,Suneel Kumar Singh Kalhans,Yogesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner alleges interference in possession of land bearing Gata No's. 8757 and 9077 situated at Mohalla - Miryasi, Pargana & Tehsil - Nanpara, District - Bahraich. We, repeatedly, asked the petitioner's Counsel to show the latest Khatauni / Khewat pertaining to the said area, as, according to the Standing Counsel it is non-Z.A. land, but the learned Counsel could not show any such document, instead, he claimed that the petitioner is in possession on the basis of a patta. During the course of argument, the petitioner's Counsel also submitted that some civil suit has been filed by the petitioner. The details of the said suit are mentioned in Paragraph 5 of the writ petition bearing no. 185 of 2024. The private opposite parties herein are defendants in the said suit. The suit is for permanent injunction. No temporary injunction has been granted as yet, though, the Commissioner's report has been filed in the said suit. It is also the allegation that the revenue authorities are facilitating interference by the private opposite parties. Considering the nature of the dispute, the remedy under Article 226 of the Constitution of India is not the appropriate remedy. As, the petitioner has already initiated suit proceedings, he should seek further relief in the said suit. If he has any grievance against any official, whether it be Police official or Revenue official, he should approach the opposite parties no. 2 and 3 giving specific instances and details against any such official, which shall be considered by the opposite parties no. 2 and 3 who shall ascertain as to whether any legal interference is being made by any official opposite party or not. If it is being made, then remedial measures shall be taken by them. However, if the position is otherwise, then the matter shall rest as it it. This order is being passed without prejudice to the rights of the private opposite parties in the pending suit or otherwise. The writ petition is disposed of in the aforesaid terms. Order Date :- 11.4.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench