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2025 DAILYLAW 190526 (ALL)

RADHASWAMI ASHRAM, THROUGH ITS MEMBER RAJVEER SINGH v. STATE OF U.P. AND 5 OTHERS

WRIC/26657/2025 · 2025-10-09

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26657 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioner seeks a writ in the nature of mandamus to direct respondent no. 2- District Magistrate, Aligarh and other respondents to permit the petitioner to raise construction of Radhaswami Ashram over and above plot no. 699 area 250 sq. yard situated in Village Gaundha, Block Jawa, District Aligarh. 3. Learned Standing Counsel, on the contrary, submits that the land is not recorded in the name of the petitioner as per the instructions obtained by him and hence petitioner cannot be permitted to raise constructions upon the land which belongs to Gram Panchayat. 4. Upon the pointed query being made, learned counsel for petitioner fairly admits that land is not recorded in the name of Ashram, however, he claims that Ashram stands over there for a number of decades. 5. In our considered view, if the petitioner claims to be having a constructed Ashram, then it is appropriate for the petitioner to seek remedy before a civil court in the nature of declaratory decree by instituting a suit or may apply to revenue court also if the land is falling in the village area and is an agricultural land, but no direction in the writ petition can be issued where the ownership of the land property of the petitioner is disputed. Versus Counsel for Petitioner(s) : Arvind Kumar, Sarvesh Kumar Pandey, Shailesh Singh Yadav Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Radhaswami Ashram, Through Its Member Rajveer Singh .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 6. Subject to aforesaid liberty this petition is consigned to records. October 10, 2025 #Vikram/- WRIC No. 26657 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad