Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 167541 (ALL)

SARVESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 5 OTHERS

WRIC/9656/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9656 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 on behalf of the State-opposite parties no.1 to 5. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.6 is dispensed with. 3. This writ petition has been filed with the following main prayers:- "(i) issue a writ, order or direction in the nature of mandamus, restricting the opposite party no.5 from creating obstruction to the petitioner in construction of the boundary wall of the petitioner upon his own sohan land situated at Village Pure Kathik Saraitha, Patranga, District Ayodhya. (ii) issue a writ, order or direction in the nature of mandamus, directing the opposite party no.4 to decide the representation made by the petitioner, contained as Annexure No. to the writ petition.” 4. It is the case of the petitioner that he had entered into a compromise with opposite party no.6 and on the basis thereof both were in possession of their own sahan land and it was decided that no one will encroach upon the other land. However, in collusion with the police, opposite party no.6 has started encroaching upon the sahan land of the petitioner, therefore, this writ petition has been filed with the aforesaid prayers. 5. Learned Standing Counsel has produced the instructions dated 24.09.2025 sent by the Sub-Inspector, Police Station Patranga, District Ayodhya, wherein it has been stated that there is a dispute regarding the Versus Counsel for Petitioner(s) : Piyush Pathak, Vipul Tripathi Counsel for Respondent(s) : C.S.C. Sarvesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others .....Respondent(s) possession between the petitioner and Asha Ram and his wife. There was a threat of breach of peace, therefore, proceedings were initiated under Sections 126/135 of Bharatiya Nagarik Suraksha Sanhita, 2023 on 21.06.2025 at 22.33 Hours and Entry No.36 was made in the General Diary. 6. It has been submitted that the police has not interfered in any manner with the possession of any person. 7.Instructions are kept on record. 8. The dispute is purely private in nature. 9. The writ petition is disposed of with a direction to the petitioner to approach the appropriate Revenue/Civil Court. September 26, 2025 Rao/- WRIC No. 9656 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench