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2025 DAILYLAW 155844 (ALL)

MOHD.RASHEED v. STATE OF U.P. THRU. SECY. MINISTRY OF REVENUE LKO. AND 6 OTHERS

WRIC/7490/2025 · 2025-08-11

Manish Kumar, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46660-DB Court No. - 2 Case :- WRIT - C No. - 7490 of 2025 Petitioner :- Mohd.Rasheed Respondent :- State Of U.P. Thru. Secy. Ministry Of Revenue Lko. And 6 Others Counsel for Petitioner :- Mahmood Alam, Julfikar Ahmad Counsel for Respondent :- C.S.C., Dilip Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J. (1) Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the Opposite party nos.1, 2 & 3 and Shri Mohan Singh, who appears on behalf of the Gaon Sabha. (2) This petition has been filed by the petitioner for the following main prayers:- "i) Issue of a writ, order or directions in the nature of Mandamus commanding the opposite parties not to interfere in the peaceful possession of the petitioner in and over the land of Gata No.648 situated at Village Fatehpur Kakardillah, Pargana Tehsil Akbarpur, District Ambedkar Nagar, either by raising any constructions over the said land in question or by demolishing or damaging the grave existed on the said land in any manner whatsoever. ii) Issue of a writ, order or directions in the nature of Mandamus commanding the opposite party nos.2 and 3 to decide the pending Representation of the petitioner as contained in Annexure No.5 to this writ petition for the redressal of their grievance." (3) It is the case of the petitioner that the Respondent nos.5 to 7 are encroaching upon the land of the petitioner. The petitioner has made a Representation to the Opposite party no.2 i.e. the District Magistrate, District Ambedkar Nagar, which remains unheeded. Hence, this writ petition has been filed with the aforesaid prayers. (4) Having gone through the contents of the writ petition and also gone through the submissions made by the counsel for the parties, we are of the considered opinion that the dispute is purely private in nature for which equitable jurisdiction under Article 226 of the Constitution of India would not be an appropriate remedy. (5) Accordingly, the writ petition stands dismissed. Order Date :- 11.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench