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2025 DAILYLAW 192647 (ALL)

MAWANA SUGERS LIMITED v. STATE OF U.P. AND 4 OTHERS

WRIC/34549/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34549 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Shri Harish Chandra Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioner wants a writ of mandamus to command the Authorities to evict the respondent no.5 who has encroached upon the bhoomidhari land of the petitioner as per the report of Revenue Authorities which have been brought on record. 3. It is submitted that the respondent no.5 has also been communicated regarding encroachment to Sub Divisional Magistrate, Mawana vide letter dated 16.4.2025 but nothing has further progressed in the matter and respondent no.5 continues to occupy the landed property of the petitioner. 4. In our considered view, if the petitioner has got his land as well as land of respondent no.5 measured by the Revenue Authorities on the spot, the only remedy lies with the petitioner is to seek eviction/ ejectment of respondent no.5 from encroached land of the petitioner by filing a civil suit. 5. Petitioner may have remedy also to enforce order of the Revenue Authority against the trespass committed by respondent no.5 under the U.P. Revenue Code, 2006, if so advised. 6. Subject to the aforesaid liberties, we decline to grant indulgence in the Versus Counsel for Petitioner(s) : Harish Chandra Mishra, Raj Kumar Kesari Counsel for Respondent(s) : C.S.C. Mawana Sugers Limited .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) matter. 7. Accordingly, the matter is consigned to records. October 13, 2025 Shiv WRIC No. 34549 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad