LAL MOHAMMAD v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
WRIC/8358/2025 · 2025-09-02
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160085 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160085 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8358 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri Krishna Kumar Shukla, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 5. 2. In the light of proposed order notice to private respondents is dispensed with. 3. By means of present writ petition the petitioner has sought following prayers :-
"I. Issue a writ order or direction in the nature of mandamus thereby commanding and directing to the concerned opposite party i.e. the Up- Zila Adhikari, Bilgram, District - Hardoi to make the compliance of his order dated 17.10.2024 in its letters and spirit and to secure the maintenance of peaceful possession and enjoyment of the whole legal rights of the petitioner on the land of the Plot No. 1196, area 0.5690 Hectares situated at Village - Noorpur Hathaura, Block and Tehsil - Bilgram, District - Hardoi U.P. II. Issue a writ order or direction in the nature of the mandamus thereby commanding and directing to the opposite party i.e. the Up-Zila Adhikari, Bilgram, District - Hardoi to pass the necessary order restraining to provate respondent opposite parties no. 6 to 12 from creating any illegal obstruction or any other hindrance on the land of the Plot No. 1196, area 0.5690 Hectare of the petitioner situated at Village - Noorpur Hathaura, Versus Counsel for Petitioner(s) : Krishna Kumar Shukla, Amit Kumar Pal Counsel for Respondent(s) : C.S.C. Lal Mohammad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s)
Block and Tehsil - Bilgram, District - Hardoi U.P. III. Issue any other Writ, Oder or Direction in favour of the petitioner, which this Hon'ble High Court may deem fit, just and proper under circumstances of the case in the interest of justice. IV. Allow the instant writ petition of the petitioner with appropriate costs in the interest of justice."
4. It is noticed that petitioner seeks to restrain the private respondents who are encroaching upon his land, in fact the petitioner is seeking relief against the private respondents, for which purpose writ petition under Article 226 of the Constitution of India would not be maintainable and the petitioner has efficacious remedy of filing a suit for injunction before the Court of competent jurisdiction. 5.
In the light of above, present writ petition is dismissed being not maintainable. September 2, 2025 A. Verma WRIC No. 8358 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench