KAMLESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 4 OTHERS
WRIC/6256/2025 · 2025-07-04
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148857 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148857 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37789-DB Court No. - 2 Case :- WRIT - C No. - 6256 of 2025 Petitioner :- Kamlesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 4 Others Counsel for Petitioner :- Akhilesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. This petition has been filed seeking the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the concerned opposite party no. 2 to 3 to take legal action against the opposite party no. 4 & 5 for taking illegal interference to construction of the petitioner's house which is going on over the Gata No. 831/693 Sq. Feet in pursuance of the report submitted by Area Lekhpal dated 08.08.2022 contained as Annexure No. 3 to this writ petition, in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 3 to take the decision upon the application dated 23.05.2025 as contained in Annexure No. 4 as early as possible in the interest of justice." Shri Shailesh Tiwari, learned Standing Counsel informs that the Police is not interfering in the matter. It is also informed that action has been taken under Section 135, 136 & 170 of B.N.S.S., 2023 against the opposite party no. 5. In view of the aforesaid, it is provided that as regards interference by any other police official is concerned, the petitioner should approach the Superintendent of Police, Pratapgarh raising specific grievance, giving details thereof which can be got inquired as the police officials can interefere in such matters only if there is a law and order problem, apprehension of breach of peace, apprehension of commission of any crime or it has actually been committed or there is order of any court to be complied or there are other valid grounds in any law/statue for their interference. If any such application is filed then S.P., Pratapgarh shall get the same inquired to ascertain the correct facts and do the needful after hearing the affected parties but at the earliest. As regards, the grievance of the petitioner against the opposite party no. 5, considering the nature of the allegations, as, the opposite party no. 5 is the seller of the land which the petitioner has purchased, now the opposite party no.
5 is said to be interfering in the alleged rights
of the petitioner, the petitioner may avail other remedies prescribed in law, as such issues cannot be adjudicated in a writ jurisdiction. The writ petition is disposed of in the aforesaid terms. Order Date :- 4.7.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench