BRIJLAL v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 9 OTHERS
/9701/2025 · 2025-10-13
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200413 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9701 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Dhirendra Kumar Mishra, learned counsel for the petitioner, Shri R.K. Maurya, learned Standing Counsel for the State of U.P. and Shri Mohammad Talib Khan, Advocate holding brief of Shri Pankaj Gupta, learned counsel for Gaon Sabha, opposite party No. 5.
2. By means of the instant writ petition, the petitioner has sought issuance of a writ of Mandamus, commanding the opposite party Nos. 3 and 4, i.e., Sub Divisional Officer, Tehsil and District Bahraich, and Tehsildar, Tehsil Bahraich, District Bahraich, not to interfere in peaceful possession of the petitioner in respect of his house constructed over Gata No. 1698, situated at village Jiganiya Mahipal Singh, Pargana Heesampur, Tehsil and District Bahraich.
3. The second prayer made in the writ petition is for commanding the opposite party Nos. 3 and 4 not to interfere in the illegal application of private opposite parties regarding the aforesaid land.
4. Learned counsel for the petitioner has stated that he does not want to press the second prayer made in the writ petition.
5. Regarding the first prayer made in the writ petition, the learned Standing Counsel has submitted, on the basis of written instructions received by him, that the opposite party Nos. 6 to 10 had instituted a suit in the court of Sub Divisional Magistrate (Judicial), Sadar, Bahraich, and Versus Counsel for Petitioner(s) : Dhirendra Kumar Mishra, Anchal Verma Counsel for Respondent(s) : C.S.C., Pankaj Gupta Brijlal .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Lko. And 9 Others .....Respondent(s)
it is pending.
6. Entertaining judicial proceedings by a judicial authority cannot be said to be illegal interference being caused by the judicial authority in respect of possession of the petitioner over the land in dispute. Learned Standing Counsel has submitted that the petitioner has liberty to appear in the proceedings and present his case, which will be taken into consideration before final adjudication of the matter. In these circumstances, the writ petition lacks merit and the same is hereby dismissed. October 13, 2025 A.Nigam WRIC No. 9701 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench