Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 201062 (ALL)

SMT. SHARDA DEVI v. STATE OF U.P. AND 5 OTHERS

WRIC/35996/2025 · 2025-10-14

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35996 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Madan Mohan Srivastava, 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 a writ of mandamus to command the district administration not to interfere in the peaceful possession of the petitioner of the plot no. 21 with an area 104.53 hectare. 3. Learned counsel for the petitioner submitted the land of the petitioner upon the plot in question has stood already demarcated. In this regard he has taken the Court to the order passed by the Sub Divisional Magistrate, Akbarpur dated 19.10.2024. Upon perusal of the order passed by the Sub Divisional Magistrate, Akbarpur, we find that there was some dispute regarding boundary between the petitioner and one Lakshman Singh. In the circumstances, it may be a fact that at the instance of Lakshman Singh the police might be interfering in the matter. 4. In our considered view, police does not enjoy any authority to interfere in the peaceful possession of a party over and above his own land and in the event any private dispute is being raised by some adjoining tenure holder, it is always open for the petitioner to file civil suit. Petitioner may also seek temporary injunction Versus Counsel for Petitioner(s) : Madan Mohan Srivastava Counsel for Respondent(s) : C.S.C. Smt. Sharda Devi .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) during the pendency of the suit. Petitioner can equally implead the police station or the police concerned in the civil suit if it acts at the behest of some private party. 5. Subject to aforesaid liberty, petition is consigned to records. (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) October 15, 2025 Kirti WRIC No. 35996 of 2025 2 Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad