SHIVENDRA KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 9 OTHERS
/7369/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155323 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155323 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45273-DB Court No. - 2 Case :- WRIT - C No. - 7369 of 2025 Petitioner :- Shivendra Kumar Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 9 Others Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 5.
2. In view of the order proposed to be passed issuance of notice to the Opposite party nos.6 to 10 is dispensed with.
3. This petition has been filed by the petitioner for the following main prayers:-
"i) Issue a writ order or direction in the nature of Mandamus commanding the Opposite parties nos.2 to 5 to restrain the Opposite party nos.6 to 10 from interfering in peaceful possession of the petitioner and making construction over the land of Gata No.389 (Abadi land). ii) Issue a writ order or direction in the nature of Mandamus commanding the Opposite parties nos.2 to 5 to consider and decide the Representation of the petitioner dated 17.07.2025 contained in Annexure N.1 to this writ petition expeditiously by a speaking and reasoned order."
4. We have gone through the Representation of the petitioner dated 17.07.2025 wherein it has been stated by the petitioner that he has ancestral property over which the private-respondents are trying to take possession on the basis of a forged Sale Deed for which a Suit for cancellation of Sale Deed has already been filed before the Civil Judge (Senior Division). However, during the pendency of the said civil suit, the private-respondents have assaulted the petitioner and have also abused him and have tried to take over the property in dispute.
5. Having gone through the Representation and the Prayer clause, we are of the considered opinion that it is a private dispute that cannot be resolved by means of this writ petition. The writ Court is not meant for such litigation.
6. In case, the petitioner is being threatened in any manner or has been assaulted by the private-respondents an appropriate remedy for him is to lodge an FIR.
7. Accordingly, the writ petition is dismissed. Order Date :- 5.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench