KISHORI LAL ALIAS KISHORI LAL KASHYAP AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 5 OTHERS
WRIC/5778/2025 · 2025-06-12
S Q H Rizvi, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145407 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145407 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35353-DB Court No. - 2 Case :- WRIT - C No. - 5778 of 2025 Petitioner :- Kishori Lal Alias Kishori Lal Kashyap And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 5 Others Counsel for Petitioner :- Sandeep Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the parties. Instant petition under Article 226 of the Constitution of India has been preferred by the petitioners seeking following main relief(s):-
"1) Issue a writ order or direction in the nature of mandamus by which this Hon'ble High Court may kindly be pleased to direct the opposite party no. 1 to 4 to take proper and effective action for stopping to opp. no. 6, who is trying to encroach the parental land of petitioners bearing Gata No. 610, rakba-0.081 heq. situated in Village- Gadwa, Nautala, Pargana-Fakharpur, Tahseel- Mahsi & District- Bahraich. 2) Issue a writ order or direction in the nature of mandamus by which this Hon'ble High Court may kindly be pleased to direct the opposite party no. 1 to 4 to take proper and effective action for maintaining status quo to opp. no. 6 over the land in question bearing Gata No. 610, rakba- 0.081 heq. situated in Village- Gadwa, Nautala, Pargana- Fakharpur, Tahseel- Mahsi & District- Bahraich till the pendency of Suit no. 546/2025 pending before court of learned Civil Judge (Junior Division), Kaisarganj, Bahraich." Submission of the petitioners' counsel is that the respondent No. 5 executed a sale deed dated 16.02.2001 in favour of the respondent No. 6 related to the land of the petitioners, in regard to which, the petitioners have instituted a suit for cancellation of the said sale deed, which is pending before the Civil Judge (Junior Division), Kaisarganj, Bahraich as Suit No. 546/2025. In the said suit, no injunction order has been granted by the trial court concerned and the respondent No. 6, being the influential person, is trying to dispossess the petitioners from their land and the local police is also not extending any help in this regard. Be that as it may, the petitioners are having appropriate remedy to approach the trial court itself. Accordingly, the writ petition is finally disposed of leaving it open for the petitioners to approach the trial court.
In case an appropriate application is moved, the trial court shall consider the same and pass appropriate orders in accordance with law expeditiously. [Syed Qamar Hasan Rizvi,J.] [Saurabh Lavania,J.] Order Date :- 12.6.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench