BANSHIDHAR JAISWAL v. STATE OF U.P. THRU. DISTT. MAGISTRATE DISTT. SHRAWASTI AND 3 OTHERS
WRIC/6584/2025 · 2025-07-11
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150784 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150784 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39679-DB Court No. - 2 Case :- WRIT - C No. - 6584 of 2025 Petitioner :- Banshidhar Jaiswal Respondent :- State Of U.P. Thru. Distt. Magistrate Distt. Shrawasti And 3 Others Counsel for Petitioner :- Daya Shankar Yadav,Sanjiv Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The petitioner has sought the following reliefs:-
"(i) To direct the opposite party no. 3 to dispossess the opposite party no. 4 from the own Abadi land of the petitioner, situated in Village & Police Station-Gilaula, Tehsil-Ikauna, Pargana-Bahraich, District- Shrawasti and handed over to the petitioner. (ii) Such other relief which this Hon'ble Court deem proper and fit for the petitioner may also given to the petitioner. "
3. Opposite party no.4 is a private party. Even if he has lodged the suit as claimed by the petitioner, a writ court cannot issue a direction to opposite party no.3 to dispossess opposite party no.4. There is a remedy and mechanism prescribed in law which cannot be by-passed.
4. Accordingly, the writ petition is disposed of with liberty to pursue the remedies prescribed. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 11.7.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench