Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 161492 (ALL)

EJAZ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 5 OTHERS

WRIC/8538/2025 · 2025-09-04

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8538 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 3 and Shri Rajeev Prakash Saxena, Advocate, who has filed his Power on behalf of the Opposite party no.6. 2. This petition has been filed by the petitioner for the following prayers:- "(i) Issue a writ of Mandamus or a writ, order or direction in the nature of Mandamus commanding the opposite party Nos.2 to 6 not to create any hindrance in peaceful possession of petitioner over the land and also directed the Opposite party nos.2 and 3 to take the action against the Opposite party no.3 if the aforesaid Opposite parties are creating any hindrance over the land. (ii) Issue any other writ, order or direction which this Hon'ble Court may deem just and proper may also be passed in favour of the petitioner. (iii) Allow the writ petition with costs." 3. It is the case of the petitioner that the petitioner purchased the property in dispute on 30.08.2016 from one Mohd. Javed, Power of Attorney holder of Mohd. Jiya and Mohd. Naved, the recorded tenure Versus Counsel for Petitioner(s) : Saket Kumar Gupta Counsel for Respondent(s) : C.S.C. Ejaz Ahmad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 5 Others .....Respondent(s) holder of the property. A copy of the registered Sale Deed has been filed as Annexure-1 to the petition. On 14.07.2025, the private- respondents demolished the wall of the petitioner. They also beat the petitioner and snatched Rs.25,000/- from him. He went to the Police Station and lodged FIR. A copy of the F.I.R. has been filed as Annexure-2 to the petition. The CCTV footage of the private- respondents demolishing the wall of the petitioner is available with the petitioner. The private-respondents are claiming that the wall has been constructed on public way. The Tehsildar has given a report on 28.07.2025 in favour of the petitioner. However, the SHO of Police Station Dubagga, District Lucknow, is in collusion with the private- respondents and helping in interfering in peaceful possession of the petitioner. 4. The petitioner has remedy to approach the appropriate Civil Court, in case of trespass or damage to his private property is being done by the private-respondents. 5. The writ petition stands disposed of. September 4, 2025 N.PAL WRIC No. 8538 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench