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2025 DAILYLAW 138171 (ALL)

RAJIV AGARWAL AND 2 OTHERS v. STATE OF U.P. THRU.PRIN. SECY./ ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

WRIC/4241/2025 · 2025-05-07

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26581-DB Court No. - 2 Case :- WRIT - C No. - 4241 of 2025 Petitioner :- Rajiv Agarwal And 2 Others Respondent :- State Of U.P. Thru.Prin. Secy./ Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Anurag Shukla,Sharad Pathak Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioner as also the learned Addl. C.S.C. and perused the record. The petitioners have filed this writ petition seeking issuance of a writ, order or direction in the nature of Mandamus restraining the respondent- Police Authorities from interfering in the lawful, settled and established possession of the petitioners over Plot No. 367, which was purchased by the petitioners' father through registered sale-deed dated 29.03.2003 (Annexure No. 1 to the writ petition) and the sale-deed has never been challenged. The S.H.O., Jankipuram, Lucknow, has sent written instruction to the Chief Standing Counsel to the effect that on the subject matter of this writ petition no F.I.R. has been lodged against the petitioners nor did the Police visit the premises of the petitioners, meaning thereby there is no interference by the Police Authorities in the said subject matter. In view of the above, this petition is disposed of with specific observation/direction that the police shall come into picture only if there is an apprehension of breach of peace or apprehension of commission of any crime or it is actually committed or there are other valid grounds in any law/statue for their interference, but, without interfering in the civil dispute between the parties. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 7.5.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench