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2025 DAILYLAW 167159 (ALL)

PAWAN KUMAR TIWARI @ PAWAN KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. AND 3 OTHERS

WRIC/9492/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9492 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioners and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure the removal of khadanja put by the opposite party no.4 upon the Abadi/Sahan Land of the petitioners and to ensure the peaceful possession of the petitioner over the Abadi/sahan situated at the front of their house and to take action against the opposite party no.4 in accordance with law." 3. The supplementary affidavit filed today is taken on record. 4. After going through the order passed by this Court in Writ Petition No.7035 (MS) of 2013: Setu Prasad Vs. District & Sessions Judge, Gonda, and order passed thereafter on 25.07.2022 in Case No.100 of 2010 Computerized Case No.T201008300600100: Chandra Prakash Vs. Setu Prasad, under Section 133 Cr.P.C. and after hearing the counsel appearing on behalf of the petitioners, we are of the opinion that the Versus Counsel for Petitioner(s) : Janardan Singh Counsel for Respondent(s) : C.S.C. Pawan Kumar Tiwari @ Pawan Kumar And 2 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. And 3 Others .....Respondent(s) dispute relates to encroachment of Sahan of the petitioners, which is situated in abadi land by the private respondent no.4. Such dispute cannot be decided in writ jurisdiction. 5. This petition is disposed of with liberty to the petitioners to file a Suit before the appropriate Court. September 26, 2025 Rahul WRIC No. 9492 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench