Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 17904 (ALL)

NATTHULAL ALIAS YUGUL KISHOR DIXIT v. STATE OF U.P. AND 2 OTHERS

WRIC/4225/2025 · 2025-02-13

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:21336 Court No. - 34 Case :- WRIT - C No. - 4225 of 2025 Petitioner :- Natthulal Alias Yugul Kishor Dixit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief: "i) To Issue a writ, of mandamus/ direction to respondents no. 2 to decide the case no. 639/2024 computerized case no T202415060600639 Devmani Vs. Shiv Prasad and others under section 24 of UP Revenue Code 2006 Village Araharia P.O Gauri, Tehsil: burhanpur District: Azamgarh. within a period fixed by this Hon'ble Court. ii). To Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondents specifically the Respondent No.2 to decide the Application/representation dated 24.1.2025 moved by the Petitioner before the District Magistrate Mainpuri (filed as Annexure No.5 to this writ petition) pending before him. 3. From perusal of the averments made in the writ petition as well as representation of the petitioner, it is apparent that the dispute of the petitioner is with private respondents regarding property in dispute. 4. It has also been pointed out by learned Standing Counsel that the person with whom the petitioner is alleged to have dispute is not arrayed in the present petition. 5. The Supreme Court in the case of Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 has considered a large number of its earlier judgements and held that writ petition is not the proper remedy in respect of the property dispute and the party should be relegated to seek appropriate remedy before the Civil or Revenue Court. Paragraph nos. 64 and 65 of the judgment in Shalini Shyam Shetty (supra) are extracted hereinbelow-: "64. However, this Court unfortunately discerns that of late there is a growing trend amongst several High Courts to entertain writ petition in cases of pure property disputes. Disputes relating to partition suits, matters relating to execution of a decree, in cases of dispute between landlord and tenant and also in a case of money decree and in various other cases where disputed questions of property are involved, writ courts are entertaining such disputes. In some cases the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions. 65. We would like to make it clear that in view of the law referred to above in cases of property rights and in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown that a private individual is acting in collusion with a statutory authority." 6. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter. 7. However after the order was passed, learned counsel for the petitioner submitted that the proceedings under Section 24 being Case No.6790 of 2023 are pending before the respondent no.3. 8. The writ petition is disposed of with a direction to respondent no.3 to consider and decide the aforesaid proceedings in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 14.2.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad