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2025 DAILYLAW 166392 (ALL)

SIRAJ HUSSAIN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 4 OTHERS

/9386/2025 · 2025-09-23

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9386 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 respondent State. 2. This petition has been filed by the petitioner with the following prayers :- "(i). Issue a writ, order or direction the nature of Mandamus thereby commanding and directing the opposite parties no.2 to 4 to restrain the opposite party no.5 from encroaching the land of the petitioner and raising any construction over the Gata No.1170 area 0.8910 hectare situated at Village- Mijhaura, Police- Ahirauli, Tehsil Bhiti, District Ambedkar Nagar and not to raise any construction on the aforesaid land, in the interest of justice." 3. It is the case of the petitioner that he is co-sharer and is in possession over the land Gata No.1170 area 0.8910 hectare situated at Village- Mijhaura, Police Station Ahirauli, Tehsil Bhiti, District Ambedkar Nagar. The other co-sharers (brother of petitioners) namely Sarfaraj, Shekh Riyaz, Meraj Hussain, Ajaj Hussain, Rashid Hussain are living out of the District for their livelihood and the petitioner looks after the land and doing the agricultural work on the said land. The name of the petitioner and other co-sharers of the Versus Counsel for Petitioner(s) : Syed Wajahat Ali @ Vijahat Ali, Kaushal Kishor, Mohd. Waqar, Shahbaz Khan Counsel for Respondent(s) : C.S.C. Siraj Hussain .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s) land in question are recorded in the revenue records. It is further submitted that opposite party no.5 is a cunning and ill minded person and he had purchased the land Gata No.11267/Ka Min. area 0.082 hectare situated at Village Mijhaura, Police Station -Ahirauli, Tehsil Bhiti, District Ambedkar Nagar from Salauddin son of Kamaluddin through sale deed dated 19.7.2005 and now he is in possession. It has been submitted that the opposite party no.5 is encroaching upon his land in question for which the petitioner has given his representation to the District Magistrate, Ambedkar Nagar for redressal of his grievance. 4. In view of the above, we find that there is a private dispute between the petitioner and opposite party no.5l, hence this court cannot interfere in the matter in writ jurisdiction under Article 226 of the Constitution of India. However, it is provided that the petitioner may approach the appropriate forum i.e. Civil Court/ revenue court. 5. Accordingly, the petition is dismissed. September 23, 2025 Shukla WRIC No. 9386 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench