RAVI YADAV AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/4203/2025 · 2025-03-09
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17077 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17077 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:34755-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.45) Court No. - 21 Case :- WRIT - C No. - 4203 of 2025 Petitioner :- Ravi Yadav And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Dubey,Rishu Mishra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The following prayer has been made in the writ petition:
"To issue a writ, order or direction in the nature of mandamus commanding the Respondents not to interfere in peaceful possession of the petitioners and not demolish the construction over petitioner's 1/3 part of land comprising of Khasra nos. 9 area 0.1200 hect., 10 area 1.3530 Hect., 12 area 1.5940 Hect., 13 area 0.3540 Hect. and 14 area 2.8050 Hect. total area 6.2260 Hect. (Petitioners' part of land 2.07530 hect.) situated at revenue village Sorakha Zahidabad, Tehsil Dadri, District Gautam Budh Nagar."
2. The case of the petitioners is that the respondents had acquired some part of the aforesaid plots and consequently, there was dispute relating to possession between the petitioners and the respondent Development Authority. However, it was resolved after a demarcation exercise was carried out on 16.10.2023. The petitioners are satisfied with the demarcation so done. However, it is alleged that the respondent Authority is trying to demolish the constructions existing over the demarcated land of the petitioners and is also interfering in their possession.
3. The said issue cannot be decided in writ jurisdiction. It is a matter of evidence as to over which part of the subject land the alleged constructions are in existence in respect of which the relief is being claimed. It is clear from the prayer clause that the petitioner are claiming title over undivided 1/3rd part of the land. In such
circumstances, we decline to examine the issue and leave it to the petitioners to avail such other remedy as may be advised.
4. The petition stands disposed of. Order Date :- 10.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad