MUKESH KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS
WRIC/6209/2025 · 2025-07-02
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148510 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148510 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37134-DB Court No. - 2 Case :- WRIT - C No. - 6209 of 2025 Petitioner :- Mukesh Kumar And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioners have filed this writ petition seeking the following main relief:
"Issue a writ, order or direction in the nature of Mandamus commanding the respondent No. 2 to demolish the construction raised by opposite party no. 4 on the way and restore way to the house of the petitioners and Bahiro Baba Mandir." The allegation is that there is Rasta existing on Gata No. 1076, which is adjacent to Gata No. 1074Kha on which house of the petitioners exists. Gata No. 1076 is recorded as Abadi. Submission is that there is a passage leading to Bhairo Mandir, which has been obstructed by the opp. party No. 4, however, the learned Standing Counsel has instructions to the effect that so far as passage to Bhairo Mandir is concerned, the same has not been obstructed, but Gata No. 1076, recorded as Abadi, is being used for passage and there is no obstruction on the said land also. There is a private dispute between the petitioners and the private opp. parties. In view of the aforesaid, the petitioners should avail other remedies, as may be prescribed in law, as it is not possible for this court to issue any direction to the opposite party No. 2, i.e. District Magistrate, Pratapgarh, to demolish the construction allegedly raised by opposite party No. 4, in exercise of its powers under Article 226 of the Constitution of India. With these observations/directions this writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 2.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench