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2025 DAILYLAW 163964 (ALL)

RAM MILAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 6 OTHERS

/9283/2025 · 2025-09-23

Brij Raj Singh, Sangeeta Chandra

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9283 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 Respondent. 2. This petition has been filed with the following main prayer:- "To issue writ in nature of mandamus directing the Police authorities/ administrative authorities not to interfere in peaceful possession/ construction upon Abadi Land bearing gata No.11 situated in Chaturipur Hamlet of Mau Police Station & Tehsil- Gauriganj District- Amethi i.e. mentioned as ABCD (in red colour) in judgement of Regular Suit No.57/2002 dated 4.3.2008 Ram Sunder versus Lal Bahadur & another". 3. It is the case of the petitioner that a Regular Suit No.57 of 2002: Ram Sunder Vs. Lal Bahadur and Another, was filed by the petitioner's father Ram Sunder in respect of dispute of a land bearing Gata No.11 situated in Village Chaturipur, Tehsil- Gauriganj, District- Amethi. The said Suit was decided on 04.03.2008 and decreed in favour of the petitioner and the answering respondents were directed to restrain from demolishing the Baithaka and Chabutra. A Civil Appeal No.25 of 2008 was filed by the respondents of the Suit which was decided on 08.09.2008 by learned Versus Counsel for Petitioner(s) : Diwakar Pratap Pandey, Mukesh Kumar Yadav Counsel for Respondent(s) : C.S.C. Ram Milan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 6 Others .....Respondent(s) Additional District Judge, Sultanpur, affirming the judgement and decree passed by learned Civil Judge. 4. It has been submitted by learned Counsel for the petitioner that respondent nos.6 and 7 are neighbours of the petitioner and they are interfering in the peaceful possession of the petitioner with the help of Police and harassing the petitioner. 5. Learned Standing Counsel, on the other hand, has produced before this Court instructions sent by Sub Inspector, P.S.- Gauriganj, Amethi, wherein it has been stated that to maintain law and order situation, a challan report was issued under Section 126/135 of the B.N.S.S. against the petitioner and respondent no.6 earlier on 09.03.2025 and again on 11.09.2025. 6. It has been submitted by learned Standing Counsel that Police is not interfering in any manner and in order to maintain law and order, the aforesaid challans have been issued against the petitioner and respondent no.6. 7. This Court finds that there is a private dispute between the petitioner and the respondent nos.6 & 7 and the present writ petition is not maintainable for the prayers made in this petition. The petitioner may approach the Civil Court for redressal of his grievance. 8. The Writ Petition stands dismissed. September 23, 2025 Rahul WRIC No. 9283 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench