RAMSHANKAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 10 OTHERS
WRIC/6164/2025 · 2025-06-27
Alok Mathur, Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145728 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145728 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36757-DB Court No. - 2 Case :- WRIT - C No. - 6164 of 2025 Petitioner :- Ramshankar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 10 Others Counsel for Petitioner :- Arshad Siddiqui,Shafaq Fatima Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the parties and perused the record. 2. By means of this petition, the petitioner has prayed for following directions:-
“(i) Issue a writ, order or direction in the nature of Mandamus directing the respondents no.2 to 6 to ensure that the petitioner is not dispossessed from his land bearing Gata No.1387 (area 0.155 hec) and Gata No.1552 (area 0.160 hec) situated at village and post – Tapesipah (Hisampur), Tehsil – Kaisarganj, District – Bahraich, Uttar Pradesh, which he has legally purchased and is in possession thereof. (ii) To issue a writ, order or direction in the nature of Mandamus directing the Respondent no.3 and 6 to provide adequate police protection to the petitioner from any coercive or illegal actions by the private respondent, in the interest of justice.”
3. It has been submitted by the learned counsel for the petitioner that the petitioner is owner and in possession of the property situated at Gata No.1387/0.155 hectare and gata no.1552/0.160 hectare situated at village and post Tapesipah (Hisampur) tehsil Kaisarganj, District Bahraich. 4. It has been stated that the said land was purchased by means of registered sale deed some time in year 2011 and grievance raised in the present petition is that private respondent no.8 to 11 are attempting to forcibly encroach on said land and despite the repeated applications to the police authorities no action has been taken by them and accordingly, a prayer has been made for a direction to the State authorities to ensure that the petitioner is not
dispossessed from the aforesaid land and also to provide adequate police protection. 5. Considering the grievance raised by the petitioner we find that the petitioner has an adequate statutory remedy of filing a civil suit and obtaining an order of injunction from the civil court and we further find that the dispute pertaining to the private parties is not maintainable under Article 226 of the Constitution of India and, accordingly, for the aforesaid reasons this Court is not inclined to entertain the aforesaid writ petition. 6.
Writ petition is accordingly dismissed. Order Date :- 27.6.2025 mks (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench