MANAGER OF BHARTIYA VIDYA MANDIR SHUKLAPUR SITAPUR THRU. MANAGER RAM NARESH BHARTIYA @ RAM NARESH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 6 OTHERS
/9257/2025 · 2025-09-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164639 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164639 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9257 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 respondent nos.1, 2 and 4.
2. This writ petition has been filed with the following main prayer:-
"(i). issue a writ, order or direction in the nature of Mandamus to direct the opposite party no. 2 to illegal encroachment should be removed from Bhartiya Vidya Mandir in the land of Khata No.156 Gata Nos. 194 and 195 situated at block and thana Machrehta, Tehsil Mishrikh District Sitapur has been operating for many years and school is recognized by the Government. The forcefully encroachment by the opposite parties nos. 3 and 7 in the interest of justice. "
3. It is the case of the petitioner that respondent nos. 3 to 7 have given land to the petitioner by way of an affidavit dated 19.12.2012 in which a school is running. It has been stated in the writ petition that the respondent nos.3 to 7 are making obstruction in running the school for the reason and they are throwing garbage in the school. The respondent nos. 3 to 7 also tethered buffaloes and goats.
4. Admittedly, it appears that the private dispute is between the petitioner and respondent nos. 3 to 7 then certainly, the writ petition under Article 226 of the Constitution of India would not lie. In case, the petitioner is aggrieved, he may file suit before the civil court for redressal of his grievance.
5. The writ petition is disposed of. September 23, 2025 Pks Versus Counsel for Petitioner(s) : Rajesh Kumar Kashyap Counsel for Respondent(s) : C.S.C. (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Manager Of Bhartiya Vidya Mandir Shuklapur Sitapur Thru. Manager Ram Naresh Bhartiya @ Ram Naresh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 6 Others .....Respondent(s) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench