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2025 DAILYLAW 191034 (ALL)

SMT. VICHITRA DEVI v. STATE OF U.P. AND OTHERS

WRIC/54134/2012 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 54134 of 2012 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. The petitioner has preferred the present writ petition inter-alia with the following prayer:- "I. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities not to interfere in peaceful possession of the petitioner over the land in dispute situated at and duly know as Dibai Dehat (Afjalpur) Plot No.478-Sa in Khata-Khatauni Sankhya 119 of Fasli year 1412 to 1417 Fasli, year 1412 to 1417 Fasli, Pargana & Tehsil Dibai, District Bulandshahar, in any manner whatsoever without any authority of law (Annexure No.1 to this writ petition). II. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities not to create any hindrance in peaceful possession of the petitioner over the land in dispute situated at and duly known as Dibai Dehat (Afjalpur) Plot No.478-Sa in Khata- Khatauni Sankhya 119 of Fasli year 1412 to 1417 Fasli, Pargana & Tehsil Dibai, District Bulandshahar, in any manner whatsoever without any authority of law." 2. It is argued by the counsel for the petitioner that wholly illegally the Respondent Nos.2, 3 & 4 are interfering in the peaceful possession of the petitioner over the land in question. A reference of which has been made in the prayer no.1 of the writ petition. It is further argued that inspite of stop order, no counter affidavit has been filed by the respondents till date. Versus Counsel for Petitioner(s) : Nitin Kumar Agrawal, Vijay Shantam Counsel for Respondent(s) : C.S.C. Smt. Vichitra Devi .....Petitioner(s) State of U.P. and Others .....Respondent(s) 3. Heard counsel for the parties and perused the record. 4. From perusal of records it appears that factual controversy involved in the present petition. 5. In the facts and circumstances of the case and also in the interest of justice, we are of the opinion that in case the petitioner will submit a representation ventilating all her grievances before the Respondent no.3 namely Sub-Divisional Officer/ Sub Divisional Magistrate, Tehsil- Dibai, District- Bulandshahar annexing all the relevant papers and documents within a period of four weeks from today. The Respondent No.3 will take a decision in the matter, strictly in accordance with law, expeditiously and preferably within a period of two months thereafter. 6. For a period of three months from today or till the disposal of representation, whichever is earlier, the petitioner shall not dispossess from the plot in question. October 17, 2025 Swati WRIC No. 54134 of 2012 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad