SHAHJAHAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 7 OTHERS
WRIC/7646/2025 · 2025-08-12
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156348 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156348 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46976-DB Court No. - 2 Case :- WRIT - C No. - 7646 of 2025 Petitioner :- Shahjahan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 7 Others Counsel for Petitioner :- Vidya Kant Sharma Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed with the following main prayers:
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing to opposite parties concerned to take necessary action against the opposite party no.7 and 8 not to disturbed the peaceful possession and her consecution on the aforesaid land/old house, in the interest of justice."
3. It has been submitted by learned counsel for the petitioner that petitioner is the wife of one Baboolla and she has inherited some ancestral properties belonging in the name of her husband and they have been living in the old house for the past more than 35 years. The petitioner demolished the old house in her possession and started new constructions. The private opposite party no.8 is disturbing such constructions and has filed a Partition Suit before the court of Civil Judge (Junior Division), Utraula, District Balrampur on 1.7.2025. A copy of the plaint has been filed as Annexure-5 to the writ petition. Now opposite party no.8 has colluded with opposite party no.7, who is a Constable at Police Station Sridattganj, District Balrampur, and without there being any order from the competent court, police is interfering in the constructions. 4. Learned Standing Counsel has produced before this Court the instructions sent by the Sub Inspector, Police Station Sridattganj, District Balrampur wherein it has been stated that there is a Partition Suit, that is pending between the parties and there was a threat of breach of peace and, therefore, on 7.6.2025, proceedings were initiated under Section 126/135 of B.N.S.S., 2023 and both the parties were directed to approach the Civil Judge (Junior Division) concerned if they had any grievance in Regular Suit No.216 of 2025 by means of an
appropriate application. The said instructions are taken on record. 5. This writ petition is disposed of with liberty to the petitioner to approach the appropriate court in accordance with law.
Order Date :- 12.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench