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2025 DAILYLAW 145100 (ALL)

RAM NEWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

WRIC/5716/2025 · 2025-06-02

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34222-DB Court No. - 2 Case :- WRIT - C No. - 5716 of 2025 Petitioner :- Ram Newal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Vinay Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. 1. Heard. 2. As on date, there is no interim order in favour of the petitioner in the proceedings initiated under Section 482 Cr.P.C. bearing no. 4709 of 2023, as the interim order initially granted was not extended, rather, it was vacated on 18.10.2023. Further, by means of Writ-C No. 4804 of 2024 filed by opposite party No.4, the Sub Divisional Magistrate was ordered to ensure compliance of the order dated 28.04.2023, passed under Section 133 Cr.P.C. This order has not been challenged by the petitioner. Though a party, if he was not heard then he should have challenged the said order. Further, the land in question, where the house of the petitioner is said to be situated, is abadi land, a fact which is not in dispute. Writ court cannot decide questions of title or right to possession in respect of such land or house existing thereon. The remedy lies elsewhere. 3. Further, at this stage, Shri Nishant Shukla, Additional Chief Standing Counsel states that it is not the house which is proposed to be demolished but only the staircase and the wall which have been constructed on the rasta on the abadi land. 4. This is not a fit case for interference under Article 226 of the Constitution of India. Petitioner may avail another remedies. 5. The writ petition is, accordingly, disposed of. Order Date :- 2.6.2025 K.Tiwari (Praveen Kumar Giri, J.) (Rajan Roy, J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad, Lucknow Bench