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2025 DAILYLAW 145329 (ALL)

VEDWATI GUPTA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 10 OTHERS

WRIC/5755/2025 · 2025-06-04

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34556-DB Court No. - 2 Case :- WRIT - C No. - 5755 of 2025 Petitioner :- Vedwati Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 10 Others Counsel for Petitioner :- O.P. Tiwari,Pinki Devi,Shri Prakash Verma Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. 1. Heard. 2. The petitioner seeks the following relief:- "i. Issue a writ order or direction in the nature of mandamus thereby commanding and directing the opposite party no. 8 to 11 to not interfere in possession of the petitioner to the land gata no. 594 measurement area 0.130 hectare situated at Village- Ahmad Nagar (Haidrabad) Tehsil Gola, District- Kheri, which is belongs to petitioner. ii. Issue a writ order or direction in the nature of mandamus thereby commanding and directing to the opposite party no. 1 and 2 to take appropriate action against the opposite party no. 8 to 11 who have illegally started construction on the petitioner's land without any order from the competent court or providing any prior notice and opportunity of hearing to the petitioner." 3. Disputed questions are involved. The petitioner has been able to satisfy us about interference by the official opposite parties, who have been arrayed by name as opposite party Nos.8 and 9. The dispute is essentially private in nature. Of course, if the petitioner has valid proof that opposite party Nos.8 and 9 are interfering illegally, he can approach the District Magistrate, Lakhimpur Kheri with supporting proof, who can get the fact verified or seeks other remedies as may be permissible in law, as essentially the dispute is relating to a land, which is jointly held by several persons. 4. Accordingly, the writ petition is disposed of. (Praveen Kumar Giri, J.) (Rajan Roy, J.) Order Date :- 4.6.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench