Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164405 (ALL)

GANGA RAM v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. U.P. LKO. AND 10 OTHERS

/9185/2025 · 2025-09-23

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. - 9185 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 petition has been filed with the following main prayers:- "1. To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to interfere in Bhumidhari land Gata no.1297 and Abadi Gata no. 1296 situated village Amdahi Tehsil Tarabganj District Gonda in light of D.G. Circular No. 10/2023 issued by Director General of Police Uttar Pradesh 11 March 2023 read with article 300A of the constitution of India and para 373 of Uttar Pradesh police regulation The copy of Gata no.1997, 1296 is being annexed as Annexure no. 2 and 3 to this writ petition. 2. To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to consider and decide application dated 30-6-2025 in light of D.G. Circular No.10/2023 issued by Director General of Police Uttar Pradesh 11 March 2023 read with article 300A of the constitution of India and para 373 of Uttar Pradesh police regulation. The copy of application dated 30-6-2025 is being annexed as Annexure no. 1 to this writ petition. 3. To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay compensation to the petitioner Versus Counsel for Petitioner(s) : Anil Kumar Nishad Counsel for Respondent(s) : C.S.C. Ganga Ram .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 10 Others .....Respondent(s) for arbitrary and ultra vires actions by opposite party no. 7 to 11 in light of In Lucknow Development Authority v. M. K. Gupta, (1994) 1 SCC 243: (AIR 1994 SC 787). 4. To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to take disciplinary action against opposite party no. 7 to 11 for illegal interference in immovable property in light of writ-C no.50033 of 2015 jitendra Bahadur singh vs state of U.P. and others." 3. It is the case of the petitioner that police is interfering at the behest of some private persons in the peaceful possession of the petitioner. One Lalta Prasad had filed a Partition Suit with regard to Gata no.1297, which was dismissed as per law. One Ramesh filed a civil suit bearing Case no.1083 of 2024 against the petitioner and others, which is pending in the Court of Civil Judge (Junior Division), Gonda. Respondent nos.7 to 11 i.e. Lekhpal, Constable and Inspector are in collusion with Ramesh, the plaintiff in the civil suit, are interfering in the possession of the petitioner in violation of Circular issued by the Director General of Police dated 11.3.2023. Hence, this writ petition. 4. Learned Standing Counsel has placed before this Court the instructions sent by Sri Amit Yadav, Sub Inspector, Police Station Umri-begumganj, District Gonda, wherein it has been stated that an application was received from one Lalta Prasad son of Mata Prasad with regard to attempt being made by the petitioner to dispossess him and an enquiry was held. During course of enquiry, it came to the notice of the respondents that Lalta Prasad and petitioner Ganga Ram, son of Nakched @ Ram Nath, had a dispute relating to possession of Gata no.1296 situated at Village Amrahi, P.S. Umri- begumganj and due to threat of breach of peace, proceedings were initiated against them under Sections 170, 126 & 135 of B.N.S.S., 2023 on 21.2.2025 and Entry no.41 with regard to the same was made at 16:17 hours in the G.D. maintained at the Police Station. It appears that there was again threat of breach of peace and fresh challan proceedings were initiated against both the parties under Sections 126 and 135 of B.N.S.S., 2023 on 3.7.2025 at 12:30 hours, as is evident from Entry no.34 made in the G.D. maintained at the Police Station. The instructions are kept on record. 5. It is evident from the said instructions that the matter is purely civil in WRIC No. 9185 of 2025 2 nature and the suit is pending. 6. This writ petition is disposed of with a direction to the petitioner to approach the Civil Court concerned if he has any grievance against the action of the plaintiffs. September 23, 2025 Sachin WRIC No. 9185 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench