DINESH CHANDRA MISHRA AND 8 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. REVENUE U.P. LKO. AND 4 OTHERS
WRIC/7400/2025 · 2025-08-07
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155181 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155181 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45991-DB Court No. - 2 Case :- WRIT - C No. - 7400 of 2025 Petitioner :- Dinesh Chandra Mishra And 8 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Revenue U.P. Lko. And 4 Others Counsel for Petitioner :- Rama Niwas Pathak,Raghaw Ram Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners and learned A.G.A., who appears for the State-respondents. 2.In view of the order proposed to be passed, we do not feel appropriate to issue notice to the respondent No.5/private respondent. This writ petition has been filed with the following relief(s):
"(i) Issue, a writ order or direction in the nature of Mandamus commanding & directing the Government Authorities/Opposite Parties No. 3 & 4 to not interfere in the possession of the petitioners over Gata No. 918 Area 0.5050 Hectare of Khata No. 308 situated at Village- Madarmau (Bakrapur), Pargana- Bidhar, Tehsil- Alapur, District- Ambedkar Nagar without adopting any procedure under law and without any order of the competent court. (ii) Issue, a writ order or direction in the nature of Mandamus commanding & directing the parties to maintain status-quo regarding possession over the land in question and restrain the parties from alienation of the land in question, during the pendency of the appeal before opposite party no. 2, in the interest of justice, otherwise the petitioners shall suffer irreparable loss and injury, which cannot be compensated in any manner in future. (iii) Issue, a writ order or direction in the nature of Mandamus commanding & directing the opposite party no. 2 to decide the application dated 11.06.2024 & 25.06.2025, preferred in pending appeal before him by the petitioners for restraining the opposite party no. 5 from interfering with the possession of the petitioners over the land in question and also prohibiting the parties from alienation of land in question, contained in Annexure No.-1 to this writ petition."
3. It is admitted to the petitioners that there is an order passed by the Tehsildar in favour of respondent No.5 mutating the property in question in his name. It has also been admitted by the petitioners, during the course of argument, that an appeal has been filed against such order. There is no interim order staying the operation of order of mutation. 4.
The petitioners appears to be in possession of the property, which according to them is being interfered by the respondent No.5 with the help of Tehsildar Alapur and Station House Officer of Police Station Jahangirganj. It is not disputed by the counsel for the petitioners that as of now the respondent No.5 is the recorded tenureholder, as per mutation proceedings, which are under challenge before the appropriate authority. 5. We do not feel it necessary to pass any orders in view of the
facts and circumstances of the case, the writ petition stands
disposed of with liberty to the petitioners to approach the appropriate forum. (Brij Raj Singh,J.) (Sangeeta Chandra,J.)
Order Date :- 7.8.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench