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2025 DAILYLAW 23942 (ALL)

RAO MASHKOOR AHMAD KHAN v. STATE OF UP AND 3 OTHERS

WRIC/6264/2025 · 2025-03-04

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31455-DB Court No. - 29 Case :- WRIT - C No. - 6264 of 2025 Petitioner :- Rao Mashkoor Ahmad Khan Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Irfan Raza Khan,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. An application has been filed to delete the assertion made in para 15 of the writ petition. The prayer made in that regard is allowed. Application is allowed. Petitioner is permitted to delete para 15 of the writ petition. This writ petition has been filed with the allegation that State Authorities are interfering in private rights of the petitioner over his own property. It is stated that District Magistrate, Saharanpur is asking the petitioner to transfer the property to a private individual. Taking note of such matter, we passed following orders, yesterday:- "In the facts of the case, we call upon the Additional Advocate General, present in Court, to obtain instructions from the District Magistrate, Saharanpur with regard to assertions made in para 17 and 22 of the writ petition. Put up as fresh, once again, on 5.3.2025." Sri Ajit Kumar Singh, Additional Advocate General, has obtained written instructions from the District Magistrate, Saharanpur. Copy of it is taken on record. Its copy has also been handed over to counsel for the petitioner. As per the written instructions received from the District Magistrate, he has neither exerted any pressure nor has asked the petitioner to transfer the property to anyone. It is stated that such allegation is absolutely incorrect. Contention of the respondent is that neither directly nor indirectly any coercion or pressure is exercised upon the petitioner. The respondents also states that private civil dispute is pending between the parties in respect of the property in question and the object of filing this writ is to exert pressure upon the district administration to accept the petitioner's claim. Be that as it may, once the District Magistrate has a specific stand that no pressure or coercion is being exercised upon the petitioner, we do not find any occasion to proceed in the present matter any further. So far as the private dispute in respect of property in question is concerned, the issues are left open to be resolved by the competent civil court. Writ petition, accordingly, is disposed of. Order Date :- 5.3.2025 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