Prem Pal Singh through mukhtar aam Shyam Kishor v. State of U.P. through Principal Secretary, Revenue Department, Lucknow and 8 Others
WRIC/8854/2025 · 2025-09-11
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163804 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163804 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8854 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of the Sate-opposite parties no.1 to 4. 2. In view of the order proposed to be passed, issuance of notice to opposite parties no.5 to 9 is dispensed with. 3. This writ petition has been filed with a prayer for issuance of a Mandamus to opposite parties no.2 to 4 i.e. District Magistrate, Sub- Divisional Magistrate and the Tehsildar concerned of Lakhimpur Kheri for preventing the illegal encroachment being made by private opposite parties no.5 to 9 on the lands of the petitioner i.e. Gata Nos.3085/2, 3086/2 and 3120/2. 4. Learned Standing Counsel has pointed out that the petitioner has already filed Regular Suit No.332 of 2020 for permanent injunction, in which Civil Judge (Junior Division) has passed an order on 22.07.2020 and the defendants have been prohibited from illegal interference in the petitioner's property. 5. Counsel for the petitioner stated that since the private opposite parties were not complying with the interim injunction, he filed an application under Order XXXIX Rule 2A of Code of Civil Procedure and a copy of Versus Counsel for Petitioner(s) : Ashok Kumar, Chandra Prakash, Muzammil Asad Counsel for Respondent(s) : C.S.C. Prem Pal Singh Through Mukhtar Aam Shyam Kishor .....Petitioner(s) State Of U.P. Through Principal Secretary, Revenue Department, Lucknow And 8 Others .....Respondent(s)
which has been filed as Annexure-6 to the writ petition. The police is also not doing anything in the matter and even after the petitioner has approached them my means of representations dated 31.05.2021 and
24.06.2021. 6. We have gone through the pleadings on record and also the annexures and we find that one Shyam Kishore had also filed a complaint on IGRS Portal, wherein a report has been submitted by the Sub-Inspector of Police Station Paliya, Distrcit Kheri saying that petitioner used to do plotting of the land along with his partner Sartaz Ahmad and others. Sartaz Ahmad had given some plot to Altaf Jahan-opposite party no.6 on 14.11.2018 for a sale consideration of Rs.2,00,000/- through a notarised affidavit and she is in possession of such plot of land.
Prempal, the petitioner is one of the colleagues of the complainant-Shyam Kishore, has also filed a Civil Suit with regard to the same property. Police had gone on the spot and warned both the parties to maintain status-quo and pursue the pending Suit. Proceedings have already been initiated under Section 107/116 of Code of Criminal Procedure against the both parties. 7. It is evident from perusal of the pleadings on record that petitioner has a private dispute with private opposite parties no.5 to 9. No writ petition can be entertained in such circumstances. It is accordingly dismissed. September 11, 2025 Rao/- WRIC No. 8854 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench