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2025 DAILYLAW 166182 (ALL)

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

WRIC/9330/2025 · 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. - 9330 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondent nos. 1 to 4 and Shri Pankaj Gupta, learned counsel for respondent no.5. 2. This writ petition has been filed by petitioner with following main prayer: "(I). issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties particularly opposite party no.2 & 3 to ensure the peaceful possession of the petitioner upon the residential land situated in the village Gauhani, Pergana Diksir, Tehsil Tarabganj, District Gonda in respect of which civil suit is pending before the court below with further direction to take necessary steps into the matter in accordance with law." 3. It is the case of the petitioner that ancestral house of the petitioner is very old and in dilapidated. The petitioner has constructed a residence in front of the old residential house and the remaining land has been used for tethering of animals but the respondent no.6, a private person with the assistance of anti-social elements encroached upon the residential land of the petitioner. The petitioner has preferred a suit for permanent injunction before the Civil Judge, (Junior Division), Gonda bearing Regular Suit No. 2033 of 2018 (Ghanshyam Tiwari vs. Raj Mani) where the Court has called for a report of the Court Amin which has been submitted on 29.09.2018. Notice has been issued to the defendant in the civil suit but even thereafter, the respondent no. 6 is interfering in the peaceful possession of the petitioner. Versus Counsel for Petitioner(s) : Awadhesh Kumar Tiwari Counsel for Respondent(s) : C.S.C., Pankaj Gupta Ghanshyam Tiwari @ Ghanshyam .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 5 Others .....Respondent(s) 4. It appears that the petitioner's application for interim injunction is pending before the Magistrate concerned. There is no interim injunction in favour of the petitioner and this writ petition has been filed only for interim injunction to be granted by this Court during the pendency of the civil suit. 5. The writ petition is not maintainable and is dismissed. September 24, 2025 Pks WRIC No. 9330 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench