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2025 DAILYLAW 152328 (ALL)

RAJESH YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 11 OTHERS

WRIC/6871/2025 · 2025-07-23

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42197-DB Court No. - 2 Case :- WRIT - C No. - 6871 of 2025 Petitioner :- Rajesh Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 11 Others Counsel for Petitioner :- Brijesh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard Shri Brijesh Kumar Yadav, learned counsel for the petitioner and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State. Considering the order proposed to be passed issuance of notice to the private opposite parties no. 11 and 12 is dispensed with. The allegation in the writ petition is that the petitioner is in possession of a house existing on Gata No. 118, which is recorded as 'Abadi', since 1992. The opposite parties no. 11 and 12 have filed a writ petition bearing Writ - C No. 7409 of 2022 claiming rights in the aforesaid land and house, but, the writ petition was rejected vide order dated 31.10.2022. Thereafter, by cooking up another cause of action a Suit for permanent injunction bearing Suit No. 300 of 2024 has been filed by them in the Court of Civil Judge (Senior Division), Court No. 15, Sultanpur, wherein, a temporary injunction has been granted on 04.04.2024 however, the contention is that the petitioner is in possession since prior passing of the said order. In spite of it, the Revenue Authorities are interfering in the possession of the petitioner in the garb of the said temporary injunction at the behest of the opposite parties no. 11 and 12. Shri Manish Mishra, learned additional Chief Standing Counsel has instructions that a complaint was made by the opposite party no. 11, based on which merely an inspection was conducted otherwise there is no interference in the matter. He also says that petitioner is in possession. We do not express any opinion on the statement of the learned additional Chief Standing Counsel for the State as regards possession of the petitioner. Suffice it to say that the Tehsil Authorities should not interfere in the private dispute which is pending before the Court Court unless there is an order to be complied with instructions to them to do so or there are any judicial proceedings requiring their interference. This order is without prejudice to the rights of the private parties in the pending suit. With the aforesaid observations/directions, the writ petition is disposed of. . (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 23.7.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench