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2025 DAILYLAW 156319 (ALL)

UMESH UPADHYAY AND 2 OTHERS v. STATE OF U.P. THRU. DISTRICT MAGISTRATE LKO. AND 4 OTHERS

WRIC/7529/2025 · 2025-08-11

Manish Kumar, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46780-DB Court No. - 2 Case :- WRIT - C No. - 7529 of 2025 Petitioner :- Umesh Upadhyay And 2 Others Respondent :- State Of U.P. Thru. District Magistrate Lko. And 4 Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent nos. 1 to 4 and Shri Vishwas Shukla, Advocate who has filed his vakalatnama on behalf of respondent no. 5, which is taken on record. This petition has been filed with following main relief:- " Issue a writ, order or direction in the nature of Mandamus thereby commanding the opp. parties specially the opp. party no. 2 to 4 to restrain the opp. party no. 5 not to disturb the peaceful construction of house of the petitioners over the land Gata No. 160 & 162 situated at Village Tehsil Bakhsi Ka Talab, District Lucknow and take appropriate and strict action against the opp. party no. 5 in the interest of justice." We have gone through the pleadings on record and also through the arguments raised by learned counsel for the parties, we find that earlier the petitioner has filed Writ C No. 7384 of 2025, which was dismissed with liberty to file afresh. When this fresh writ petition has been filed, it has been stated that the opposite party no. 5 has an interim order from the Civil Court over the land of Gata No. 181. He has not got any interim order in respect of the land of Gata Nos. 160 & 162. Yet he is interfering in the petitioner's peaceful possession. This petition is disposed of with liberty to the petitioners to approach the appropriate forum by filing a suit for declaration of rights. Order Date :- 11.8.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench