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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35547 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for following relief:-
"i) Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to interfere in the peaceful possession over the house of petitioner i.e. Araji No. 715 area 152.41 sq. mts. out of area 0.0950 hectare situated at Village Biskohar, Tappa Buddhi, Pargana Bansi Paschim, Tehsil Etwa, District Siddharth Nagar."
3. It is contended on behalf of the petitioner that the petitioner has purchased the landed property from respondent no. 6 and yet respondent nos. 3 and 5 are interfering with the possession of the petitioner and not permitting him to raise construction.
4. It further transpires from the record that the said Baseer had instituted some suit proceedings being O.S. No. 125 of 2022 against private parties and during the pendency of the suit, petitioner has purchased the land.
5. Upon a pointed query being made, learned counsel for the petitioner submits that Baseer has instituted a suit against third party.
6. In our considered view, if there was some litigation going on in respect of Versus Counsel for Petitioner(s) : Keshawa Prasad Pandey, Krishna Chandra Pandey Counsel for Respondent(s) : C.S.C. Punam .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
the land in question and the petitioner purchased a land during pendency of the said case, it is always open for the petitioner to seek impleadment in the pending suit and get appropriate injunction against that third party or if so advised, petitioner may institute his own suit against such person or persons or authority, who are interfering with the possession of the petitioner. Accordingly, we decline to grant indulgence in the matter.
7. Subject to aforesaid liberty this petition is consigned to records. October 10, 2025 #Vikram/- WRIC No. 35547 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad