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2025 DAILYLAW 200278 (ALL)

TARUN SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIC/28977/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28977 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Vineet Kumar Sahu, learned counsel for the petitioner, Sri Tejasvi Misra, learned counsel for the Ghaziabad Development Authority and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents. 2. This writ petition is preferred for the following principal reliefs: "(i) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 2 to demolish the illegal construction made by the private respondent over more than 100 sq. meters area as per the provisions mentioned in Urban Planning and Development Act, 1973 within time bound period, which may be fixed by this Hon'ble Court.;" 3. The dispute inter-se petitioner and respondent no.4 is a purely private dispute and, in case, a private incumbent is trying to encroach the land in question belonging to petitioner or is interfering in peaceful possession of petitioner, then remedy of petitioner lies to file civil suit before the court concerned and make prayer for grant of injunction, that would be tested on the parameters of prima facie case, balance of convenience and irreparable loss, in view of this, payer made by the petitioner certainly cannot be accorded by us. We also make it clear that in case an incumbent is trying to take law into his own hand, then the common law remedy is invoked by the petitioner as is provided for under Code of Criminal Procedure, but as far as this Court is concerned, this Court cannot accord any relief to petitioner, as has been prayed by him. Versus Counsel for Petitioner(s) : Vineet Kumar Sahu Counsel for Respondent(s) : C.S.C., Tejasvi Misra Tarun Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Writ petition, as it has been framed and drawn, is dismissed, accordingly. October 14, 2025 Priya WRIC No. 28977 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad