Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 162659 (ALL)

MARIYAM CONVENT SCHOOL DISTT. SULTANPUR THRU. ITS MANAGER AHAMAD ALI v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 7 OTHERS

WRIC/8672/2025 · 2025-09-09

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. - 8672 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the petitioner and learned Standing Counsel who appears on behalf of State- respondents. This petition has been filed with the following main prayers :- Issue a writ, order or direction in the nature of mandamus commanding the district magistrate, sultanpur not to interfere in the construction of the boundary wall constructed by the petitioner’s institution and also restrained the unauthorized person not to interfere in the construction of boundary wall of the petitioner’s institution in any manner, in the interest of justice. i. Issue a writ, order or direction in the nature of mandamus commanding the district magistrate, sultanpur, i.e., opposite party no.2 to restrain the unauthorized person not to interference in construction of the petitioner institution in any manner, in the interest of justice. ii. Issue a writ order or direction in the nature of mandamus thereby directing the district magistrate, sultanpur to take appropriate decision on the representation dated 18.06.2025 moved by the petitioner in the interest of justice Annexure no.4. iii. It is the case of the petitioner that he is the Manager of the School who had bought certain land through a registered sale deed in village Bukunupur, Pargana – Meeranpur, District Sultanpur for the benefit of the school children a boundary wall was sought to be raised, however, some private persons/ anti social elements of the village have interfered in the construction of the boundary wall. Versus Counsel for Petitioner(s) : Satyendra Nath Mishra Counsel for Respondent(s) : C.S.C. Mariyam Convent School Distt. Sultanpur Thru. Its Manager Ahamad Ali .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 7 Others .....Respondent(s) Petitioner has made a representation to the respondent Naib Tehsildar/ revenue inspector and also to the SDM Sultanpur but no heed has been paid therefore the writ petition has been filed. Learned Standing counsel for the petitioner has pointed out page no.21 of the paper book which is representation made by the petitioner to the SDM Sultanpur wherein the petitioner has approached the SDM Sultanpur through its Manager and informed him that certain land was bought for benefit of the school and when boundary wall was tried to be raised some private persons of the village started interfering and the SDM had passed an order dated 12.3.2025 asking the area lekhpal and Kanungo to demarcate the land bought by the petitioner. Such demarcation was also done on 15.4.2025 yet the private persons/ anti social elements are not permitting the petitioner to raise the boundary wall. The dispute raised by the petitioner is purely private in nature. No writ petition would lie for the grievance raised by the petitioner. Consequently the writ petition is dismissed with liberty to the petitioner to approach the police station concerned and lodge an FIR against the anti social elements. September 9, 2025 mks WRIC No. 8672 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench