SHAKIL AHMED v. STATE OF U.P. THRU. SECY. REVENUE DEPTT. LKO. AND 8 OTHERS
WRIC/6700/2025 · 2025-07-22
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151549 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151549 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41751-DB Court No. - 2 Case :- WRIT - C No. - 6700 of 2025 Petitioner :- Shakil Ahmed Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 8 Others Counsel for Petitioner :- Iqbal Ahmed Ahmedullah,Paritosh Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. This petition has been filed seeking the following reliefs:-
"(I.) Issue a Writ, order or direction in the nature of Mandamus directing the Respondent authorities to take strict action against the Respondent No. 5 to 8 who are illegally encroaching on lawfully acquired land/house of the Petitioner by giving communal color to a private dispute with support of the Respondent No. 9, in the interest of justice; (II.) Issue a Writ, order or direction in the nature of Mandamus directing the Respondent authorities to ensure that the Respondent No. 5 to 9 shall remove Durga Devi idol from the land/house in dispute and not raise any temple structure there, in the interest of justice; (III.) Issue a Writ, order or direction in the nature of Mandamus to direct the Respondent No. 2 i.e. District Magistrate, Sultanpur to consider the application dated 04/06/2025 (as contained in Annexure-1), in the interest of justice." There is dispute between private parties. The allegation is of interference by the Police authorities. In this regard, we observe/direct that the police shall come into picture only if there is an apprehension of breach of peace or apprehension of commission of any crime or it is actually committed or there is
order of any court to be complied with or there are other valid grounds in any law/statute for their interference, but, without interfering in the civil dispute between the parties. If there is any illegal interference, the petitioner can approach the Superintendent of Police, Sultanpur who shall get the mater enquired and do the needful, or, the petitioner may seek other remedies as may be prescribed in law. The private parties should get their rights, if any, adjudicated before the appropriate Court whether it be before the Civil Court or the Revenue Court as it is said that some civil suit is also pending. Our order shall not have any bearing on the rights of the private parties, as claimed by them, nor any proceeding which may have been initiated or may be initiated hereinafter, as, we have
not at all adjudicated their rights. We have only considered issue of interference of Police and other Officers. The writ petition is accordingly disposed of. Shri Nishant Shukla, learned Standing Counsel shall communicate our order to the Superintendent of Police, Sultanpur for compliance and to the local police also.
Order Date :- 22.7.2025 Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench