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2025 DAILYLAW 165682 (ALL)

RADHESHYAM AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. U.P. AND 5 OTHERS

WRIC/9327/2025 · 2025-09-24

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9327 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- "(i) issue a writ, order or direction in the nature of Mandamus directing and commanding to the opposite party no.4 and 5 to not to disturb the peaceful possession of the petitioners on land bearing Gata No.143, area 0.4050 hectare situated at village Chandrasa Khurd, Pargana - Firozabad, Tehsil - Dhaurahra, District - Lakhimpur Kheri. (ii) Issue a writ, order or direction in the nature of Mandamus directing and commanding the opposite parties to not to initiate any encroachment proceedings of land bearing Gata No.143, area 0.4050 hectare situated at village Chandrasa Khurd, Pargana - Firozabad, Tehsil - Dhaurahra, District - Lakhimpur Kheri which belongs to the petitioners as per the revenue records." We have heard learned counsel for the petitioners, learned Standing Counsel and Shri Dilip Kumar Pandey who appears on behalf of gaon sabha. It has been submitted by the learned counsel for the petitioner that opposite parties no.4 and 5, i.e., Tehsidar and area lekhpal are interfering in the possession of the petitioners. They had filed a regular suit no.116/25 [Radheyshyam and Others vs. Sate of U.P. & Others] through the Collector as well as the Area Lekhpal as defendants no.1 and 2 and Versus Counsel for Petitioner(s) : Satyendra Kumar Maurya, Prince Singh Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Radheshyam And 5 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. U.P. And 5 Others .....Respondent(s) private persons as defendants no.3 to 10 praying for permanent injunction along with an application of Order 39 Rule 1 CPC in which the learned Civil Judge has passed the order of stay by his order dated 12.8.2025, copy of which has been filed as Annexure no.3 to the petition, however, the respondents despite being injuncted from interfering in the peaceful possession of the petitioner are still interfering, hence, this petition. Learned Standing Counsel has produced before this Court instructions sent by the SDM Dhaurahra Kheri wherein it has been stated that Lekhpal Tehsil Dhaurahra along with Tehsildar has sent a report that no interference is being caused in the peaceful possession of the petitioner. Instructions are kept on record. This petition is disposed of with liberty to the petitioner to file an application under Order 39 Rule 2 (A) of CPC before the Magistrate concerned in case he is still aggrieved by any violation of the ad interim injunction granted to him on 12.8.2025. September 24, 2025 mks WRIC No. 9327 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench