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2025 DAILYLAW 163543 (ALL)

SHIV KUMAR AND ANOTHER v. STATE OF U.P. THRU. DIST. MAGISTRATE AYODHYA AND 6 OTHERS

WRIC/9023/2025 · 2025-09-15

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9023 of 2025 Court No. - 2 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 writ petition has been filed with the following main prayer:- "[I] Issue a writ, order or direction in the nature of Mandamus therreby commanding and directing the opposite parties to remove the illegal drainage water from the land of the petitioners over Land Gata No.368 & 370 which belongs to the petitioners and also direct the opposite parties to make a construction of drain sokhta tank for smooth running of drainage water, in the interest of justice." 3. It has been submitted by learned counsel for the petitioners that Laxmi Shankar had filed one writ petition before this Court, namely, Writ-C No. 7768 of 2023, 'Laxmi Shankar and Others Vs. State of U.P. and Others', praying for a writ in the nature of Certiorari for quashing the order/letter dated 02.08.2023 issued by the opposite party no.3 and for a Mandamus to be issued to the respondent no.2 and 3 either to construct nali itself or to permit the petitioners to construct their nali by their own expenses as per no objection certificate/letter dated 20.07.2023 issued by the opposite party no.3 upon Gata No. 409 Jha, 436 and 437 Kha earmarked as nali in revenue record of village-Sarurpur, Teshil- Milkipur, District- Ayodhya and for a Mandamus to be issued to the respondents directing them to Versus Counsel for Petitioner(s) : Suresh Kumar Mishra Counsel for Respondent(s) : C.S.C. Shiv Kumar And Another .....Petitioner(s) State Of U.P. Thru. Dist. Magistrate Ayodhya And 6 Others .....Respondent(s) vacate the encroachment of the private respondents no.4 to 7 from the area of Gata No. 409 Jha, 436 and 437 Kha recorded as nali in the revenue records. The Court had found that there was a conflict between the reports submitted by Area Lekhpal at two different times. The District Magistrate was directed to pass specific order with regard to the prayers made by the petitioners allowing him to construct nali, but at the same time he was directed to give an opportunity of hearing to all concerned before passing such order. 5. It has been submitted that till date no notice has been issued to the petitioners and the petitioners have not been heard by the District Magistrate and now the respondents no.4 to 6 have constructed nalis and are using the same for draining their water illegally. 6. We find from perusal of the pleadings on record that this is a purely private dispute between the petitioners and the opposite parties no. 4 to 7. 7. No writ petition can be entertained against the private respondents. 8. Accordingly, the writ petition stands dismissed leaving it open for the petitioners to approach the Revenue Court/Civil Court under the Specific Relief Act. September 15, 2025 Darpan Sharma WRIC No. 9023 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench