RAM SINGH v. DISTT. MAGISTRATE DISTT. HARDOI AND 5 OTHERS
WRIC/9304/2025 · 2025-09-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166125 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166125 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9304 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, who has accepted notice on behalf of respondent nos.1 to 3. 2. In view of the proposed order, issuance of notice to respondent nos.4 to 6 has been dispensed with. 3. This petition has been filed with the following main prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties, specially opposite parties no. 01, 02 and 03 to take appropriate action in the case of the petitioner and restrain the opposite parties no. 04,05, and 06 for their interference in the peaceful possession of the petitioner over land in dispute situated Infront of the house of the petitioner and also the same was the subject matter(land in question) of the suit no.195 of 1963, Which was allowed in favour of petitioner's father on 19-09-1974, in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties, specially opposite parties no.01,02 and 03 to decide the representation made by the petitioner dated- 28-02-2025 contained in Annexure no.04 to this writ petition by a speaking and reasoned order within a period as fixed by this Hon'ble Court, in the interest of justice."
4. It is the case of the petitioner that a suit for injunction and for taking Versus Counsel for Petitioner(s) : Vivek Tripathi, Sonu Shukla Counsel for Respondent(s) : C.S.C. Ram Singh .....Petitioner(s) Distt. Magistrate Distt. Hardoi And 5 Others .....Respondent(s)
possession over the land in suit shown by letters A to Q (map filed by the Commissioner in his Commission report) was filed on 11.11.1963 before the Munsif West, Hardoi by the predecessor of respondent nos.4 to 6 and others bearing Suit no.195 of 1963, but the same was dismissed on 19.9.1974 by the Munsif West, Hardoi. Feeling aggrieved against the order dated 19.9.1974, plaintiffs of Plaint no.195 of 1963 filed Civil Appeal no.155 of 1974 before the District Judge, Hardoi, which was also dismissed with cost, by the District Judge on 6.9.1976.
Against the said order dated 19.9.1974 passed by the Munsif West, Hardoi as well as order dated 6.9.1976 passed by the District Judge, Hardoi, Second Appeal No.678 of 1976 was preferred by the plaintiffs before this Court, but the same was dismissed for want of prosecution on 2.8.1999 and till date, no recall/restoration application has been preferred by the appellants. 5. It is the case of the petitioner that respondent nos.4 to 6 are interfering in the peaceful possession of the petitioner over the land in dispute and also torturing the petitioner. The petitioner has moved a representation on 28.2.2025 before respondent nos.1 to 3 and has prayed that his representation may be directed to be decided. 6. After going through the pleadings on record and the representation being filed by the petitioner, there appears to be some private dispute between the petitioner and respondent nos.4 to 6. The writ petition would not lie as the disputed questions of fact cannot be decided in writ jurisdiction. However, it is open for the petitioner to seek his remedy available to him under law. 7. The writ petition is dismissed. September 22, 2025 Sachin WRIC No. 9304 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench