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Neutral Citation No. - 2025:AHC:41670-DB Court No. - 29 Case :- WRIT - C No. - 5108 of 2025 Petitioner :- Mohd. Shahedeen Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandan Kumar Chaturvedi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
2. There appears to be inter se dispute between the petitioner and one Tarak Nath. who has not been impleaded as party respondent in the present writ petition. Tarak Nath has filed original suit no. 2975 of 2021 (Taraknath Vs. Shahedeen) and has also obtained an injunction.
3. It appears that with the consent of Tarak Nath, only old passage is being restored by the Police personnel by removing the wall raised over it.
4. Learned counsel for the petitioner states that the interference by the State-authorities over his land is arbitrary.
5. On the strength of instructions, learned Standing Counsel states that the petitioner has no concern with the land in question and the person who has injunction in his favour, has already granted permission to the State-authorities to restore the passage.
6. Be that as it may, once the issues are pending before the civil court, it shall be open for the petitioner to join issues on other aspects also by filing a counter claim or instituting a fresh suit and press for necessary relief.
7. We would not be inclined to entertain parallel proceedings and interference in the matter.
8. Leaving it open to the petitioner to pursue his remedy before competent civil court in terms of the above observations, this writ petition is consigned to records. (Donadi Ramesh, J.) (Ashwani Kumar Mishra, J.) Order Date :- 21.3.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad