ATMA PRASAD PANDEY v. STATE OF U.P. THRU. PRIN. SECY. MADHYAMIK EDU. DEPTT. LKO. AND 6 OTHERS
/11158/2025 · 2025-11-24
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188479 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188479 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11158 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned Counsel for the petitioner and learned Standing Counsel who appears on behalf of the State respondent. 2. This petition has been filed with the following main prayers:-
"I. Issue writ, order or direction in the nature Mandamus commanding the Opposite Parties particularly Opposite Party No. 3 to recover the grant in aid provided to the opposite party no. 6 by means of Project Alankar as first instalment of Rs. 8,00,000/- and also take action against opposite party no. 6 (Annexure No. 6), in the interest of justice. II.issue writ, order or direction in the nature Mandamus commanding the Opposite Parties particularly Opposite Party No.2 to restrain the opposite party no.6 not to make any construction over the land of the petitioner i.e. land gata no.269 area 1.313 Hectare situated at Village Gaura Mafi, Teshil Patti, Pratapgarh (Annexure No.7), in the interest of justice."
3. We have gone through the pleadings on record. It appears that Versus Counsel for Petitioner(s) : Abhishek Shukla, Manvendra Mishra Counsel for Respondent(s) : C.S.C. Atma Prasad Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Madhyamik Edu. Deptt. Lko. And 6 Others .....Respondent(s)
respondent no.6 & 7, which is a private School, Adarsh Sri Munishwar Sanskrit Mahavidyalaya, Gaura Mafi, Tehsil Patti, District Pratapgarh, is making some construction allegedly over the land belonging to the petitioner i.e. Gata No. 269 area 1.313 hectare situated in village Gaura Mafi. 4. Learned Standing Counsel has informed this Court that Gata no. 269 is a very large Gata and it has several Minjumla numbers and 55 co-tenure holders' names have been recorded on such Gata. It is not clear from the pleadings on record as to which part of Gata, which belongs to the petitioner, has been encroached upon by the respondent nos.6 and 7. Even otherwise, the writ petition is not maintainable as it has been filed alleging encroachment by the respondent nos.6 and 7 for which the appropriate remedy would be to file a Suit before the competent Revenue Court/Civil Court. 5. This petition is disposed of with a direction to the petitioner to approach the appropriate Court with regard to the relief no.II prayed by him.
Insofar as relief no.I is concerned, the petitioner has already approached the District Inspector of Schools, Pratapgarh, by means of a representation dated 18.09.2025. We direct the District Inspector of Schools to hold an enquiry and then pass an appropriate order, in accordance with law, after giving opportunity of hearing to respondent nos.6 and 7, within a period of three months from the date a copy of this order is produced before him. November 24, 2025 Rahul WRIC No. 11158 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench