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2025 DAILYLAW 149449 (ALL)

JIYAULLAH v. THE STATE OF U.P. THRU. THE PRIN. SECY. REVENUE DEPTT. AND 15 OTHERS

WRIC/6358/2025 · 2025-07-09

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38975-DB Court No. - 2 Case :- WRIT - C No. - 6358 of 2025 Petitioner :- Jiyaullah Respondent :- The State Of U.P. Thru. The Prin. Secy. Revenue Deptt. And 15 Others Counsel for Petitioner :- Mohd. Ali,Perwaiz Wahab Khan Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. This petition has been filed by the petitioner being aggrieved by hindrances being created by opposite party nos.3 to 7 over remaining portion of Gata No.513 which is not the subject matter of the suit filed by him wherein a temporary injunction is operating and for violation of which proceedings under Order 39 Rule 2A C.P.C. are going on against opposite party nos.3 to 7. However, learned Standing Counsel has instructions to inform the Court that no interference is being made by opposite party nos.3 to 7 in respect of the land forming part of Gata No.513 situated in Village-Manki, Pargana and Tehsil-Tulsipur, District-Balrampur nor any hindrance is being created by them in any construction being undertaken or proposed to be undertaken by the petitioner within the boundaries of Gata No.513 but the said opposite parties are certainly restraining the petitioner from encroaching upon a land forming part of Gata No.512 which is recorded as Rasta. 3. Factual disputes are involved, therefore, the petitioner may avail remedies in respect of this portion of the land as has been availed earlier. However, we make it clear that so far as Gata No.513 is concerned if it is recorded in the name of the petitioner and there is no valid ground in law for interfernce of opposite party nos.3 to 7 they shall not interfere in the portion of the said Gata which is subject matter of writ petition and which is not the subject matter of suit proceedings. 4. Accordingly, the writ petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 9.7.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench