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2025 DAILYLAW 15944 (ALL)

AMAN JAIN v. STATE OF U.P. AND 6 OTHERS

WRIC/3669/2025 · 2025-02-10

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19123-DB Court No. - 29 Case :- WRIT - C No. - 3669 of 2025 Petitioner :- Aman Jain Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. The writ petition has been filed with the following prayer:- "I. Issue a writ, order or direction in the nature of mandamus commanding and directing to respondent no. 3 to 6 not to interfere in peaceful possession over the House No. 19/190, Krishnapuri, Mathiya Bhaiya Ji Wali Gali, Agra Road, District Aligarh. II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 4 to 5 to not execute direction issued by respondent no. 3 on dated 06.08.2024 in pursuance of direction issued by respondent no. 2 dated 28.06.2023. III. Issue any other writ, order or direction in favour of the petitioner, which this Hon'ble court may deem fit and proper under the facts and circumstances of the case. IV. Award the cost of the petition in favour of the petitioners." The nature of relief sought in the writ petition is for protection of petitioner's possession over a house from respondent nos. 3 to 6, who are private parties. Such a relief cannot be granted in the writ petition, inasmuch as, private dispute between individuals in respect of immovable property would require leading of evidence which would not be possible, at the first instance, in a writ petition. Remedy of the petitioner would be to approach the competent Civil Court in respect of the relief sought in the writ petition. At this juncture, learned counsel for the petitioner submits that there is interference by the district administration and the police personnel are trying to evict the petitioner. Unless there is an order passed by the competent Civil Court, the limited role of the district administration for exercise is to ensure peace and tranquility on the spot. Neither District Magistrate, nor City Magistrate shall adjudicate the respective rights of the parties and the parties would be left free to approach the competent Civil Court for necessary relief. The writ petition stands disposed of in terms of the above observation. Order Date :- 10.2.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad