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Neutral Citation No. - 2025:AHC:29405 Court No. - 50 Case :- WRIT - C No. - 5170 of 2025 Petitioner :- Rampal And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Kumar Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard counsel for the petitioners and Mr. Ashok Kumar Sonkar, learned Standing Counsel for the State respondents.
2. The instant petition has been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents concerned not to interfere/ dispossession in peaceful use and possession and facilitating agriculture over the plot/ arazi No. 456 measuring area 2.2410 hectare situated in Village Indalpur, Puwaya, District Sahajahanpur to the petitioners. (ii) Issue a writ, order or direction in the nature of mandamus directing to the respondents concerned not to give the effect of ex-party interim order dated 18.12.2024 passed by Civil Judge (J.D.)/ Judicial Magistrate, Puwaya, District Sahajahanpur in original suit No. 373 of 2024 (Harjee Singh Vs. Ram Bharose and others) which is bar under Section 206 of U.P. Revenue Code, 2006."
3. Counsel for the petitioners submitted that private respondents should be restrained from interfering in the peaceful possession of the petitioners in respect to arazi No. 456 measuring area 2.2410 hectare situated in Village Indalpur, Puwaya, District Sahajahanpur. He further submitted that Civil Court has illegally entertained the civil suit filed by the contesting respondents in respect to agriculture plot.
4. I have considered the arguments advanced by learned counsel for the petitioners and perused the records.
5. There is no dispute about the fact that plot No. 456 is recorded as Class-1-Ka Category plot in the name of private
tenure holder.
6. So far as filing of civil suit by respondent no.3 in respect to plot No. 456 is concerned, the petitioners can appear in civil suit and can raise objection regarding the grant of interim injunction as well as the maintainability of the suit in accordance with law.
7. The writ of mandamus against the private respondents cannot be issued in exercise of jurisdiction under Article 226 of the Constitution of India.
8. The writ petition is accordingly disposed of. Order Date :- 3.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad