SABIR ALI v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 9 OTHERS
WRIC/5901/2025 · 2025-06-23
Alok Mathur, Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145834 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145834 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36007-DB Court No. - 2 Case :- WRIT - C No. - 5901 of 2025 Petitioner :- Sabir Ali Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 9 Others Counsel for Petitioner :- Rajendra Prasad Yadav,Krishna Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajendra Prasad Yadav, learned counsel for the petitioner as well as learned Additional Chief Standing counsel for the State.
2. In view of the proposed order notice to private respondents is dispensed with.
3. The allegations levelled in the present writ petition are that the petitioner is owner of gata No.842/1.2170 hectare situated in Village Gajpur Grant, Tehsil Utraula, District Balrampur and the private respondents are trying to capture the said land. He has further submitted that in this regard the petitioner has moved application under Section 24 of U.P. Revenue Act for demarcation of the said land which proceedings have concluded and even the report of the Revenue Inspector dated 1.5.2025 has been annexed indicating that the petitioner is in possession of the said land while the private respondents are attempting to encroach upon the property of the petitioner.
4. Learned Standing counsel, on the other hand, has opposed the writ petition stating that the present dispute is a private dispute between the parties and accordingly the present petition under Article 226 would not be entertain-able.
5. At this stage, learned counsel for the petitioner does not dispute the aforesaid proposition but submits that the police is actively assisting the private respondents in encroaching upon the said land.
6. In the aforesaid facts and circumstances, this Court is of the considered opinion that the present case under Article 226 would not be maintainable considering the fact that the dispute is a private dispute between the petitioner and the private respondents. Accordingly, the petitioner has adequate efficacious remedy of filing civil suit before the competent court in this regard. For the reasons aforesaid, the present
petition is not maintainable.
7. However, it is provided that in case petitioner files a civil suit along with application for injunction/temporary injunction, the same shall be considered and decided by the trial court with expedition.
8. With aforesaid observations and directions the petition stands
disposed of. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.)
Order Date :- 23.6.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench