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2025 DAILYLAW 150287 (ALL)

NANDAKISHOR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 6 OTHERS

WRIC/6497/2025 · 2025-07-09

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39082-DB Court No. - 2 Case :- WRIT - C No. - 6497 of 2025 Petitioner :- Nandakishor Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 6 Others Counsel for Petitioner :- Vaibhav Tripathi,Akshay Kumar Singh,Palak Jawa,Prakarsh Pandey,Shobhit Tripathi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. The opposite parties no. 6 and 7, who are of the same family as the petitioner, are alleged to have undertaken some construction on Gata No. 342, 344 and 345, which, according to the petitioner, is ancestral agricultural holding. Proceedings under Section 34 of the U.P. Revenue Code, 2006 are pending. We are surprised as to how a writ of mandamus could be issued to the opposite parties no. 2, 3 ,4 and 5 who are official opposite parties to demolish any construction undertaken by the opposite parties no. 6 and 7 who are private parties on aforesaid agricultural holding. There is no such provision nor can they interfere in such a matter. The writ petition is dismissed being ill advised and not maintainable with liberty, however, to pursue other remedies as may be permissible in law. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 9.7.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench