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2025 DAILYLAW 22988 (ALL)

SRI BIHARI JI VIRAJMAN MANDIR v. STATE OF U.P. AND 3 OTHERS

WRIC/6286/2025 · 2025-03-03

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30248-DB Court No. - 29 Case :- WRIT - C No. - 6286 of 2025 Petitioner :- Sri Bihari Ji Virajman Mandir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shanker Pathak,Sanjai Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner alleges that even though there is no Kabristan, yet in the name of Kabristan certain private individuals are interfering on the land of a temple. Learned Standing Counsel has obtained instructions, according to which status quo has been maintained at the spot. We find from a perusal of Annexure-3 to the writ petition, which is petitioner's letter addressed to the District Magistrate, that there is a temple at the place where there currently situates a Mazar, and therefore, such Mazar be removed. We are afraid that the kind of relief, which is claim in the present writ petition, cannot be granted. Neither the private individuals, who have allegedly made encroachment, are impleaded as a party respondent nor any encroachment is even alleged by the petitioner in his representation. Petitioner wants this Court to issue a direction to remove the Mazar. Such relief cannot be granted against a private individual in a writ. Even otherwise, these are civil issues for which remedy would be before the competent civil court. A writ petition would not lie for such purposes, at the first instance. Writ petition is thoroughly misconceived and is dismissed. Order Date :- 4.3.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad