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2025 DAILYLAW 144702 (ALL)

RADHEY SHYAM @ RADHY SHYAM YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. P.W.D. LKO. AND 7 OTHERS

WRIC/5680/2025 · 2025-05-30

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33641-DB Court No. - 2 Case :- WRIT - C No. - 5680 of 2025 Petitioner :- Radhey Shyam @ Radhy Shyam Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. P.W.D. Lko. And 7 Others Counsel for Petitioner :- Aditya Narayan Yadav Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. A notice has been given to the petitioner in pursuance to an order passed under Section 145 Cr.P.C. (Section 164 of B.N.S.S., 2023) dated 18.02.2016 and the subsequent order of this Court dated 25.03.2025. 3. We have perused the order and we do not find any reason to interfere. The petitioner has a remedy to approach the Civil Court or to seek such other remedies as may be prescribed in law, as, this Court cannot go into questions of fact as to how far the petitioner has encroached or he has actually encroached or not. As far as the contention of the petitioner that the said order dated 18.02.2016 is in his favour. We find a recital that towards south of the boundary wall of the property in dispute a room covered with cemented shed and towards north of the pakka road is in possession of the petitioner, whereas rest of the property in dispute is in possession of one Rekha Singh and Shivsi Singh, therefore, it be released in their favour, however, we are not aware as to whether the petitioner is actually in possession of the property in dispute which is released in his favour or in excess thereof nor can we go into this question. 4. With the aforesaid observations, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 30.5.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench