Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63722 Court No. - 35 Case :- WRIT - C No. - 6860 of 2025 Petitioner :- Phool Chand Sahu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vidya Kant Tripathi Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a or direction in the nature of certiorari quashing the impugned order dated 22-1-2025 passed by Respondent No.2/City Magistrate Mirzapur asNo.3461/ST-Na. Ma. 2025-JanchReport/dated 22-1-2025 (Annexure No.5) to this writ petition. ii- Issue a writ, order or direction in the nature of mandamus direct the respondents not to interfere in peaceful possession/ Construction/ repair of petitioner's disputed land and house."
3. Instructions submitted by learned Standing Counsel are taken on record.
4. Shri Vikas Kumar Upadhyay, learned counsel appearing for respondent No.4 and 5 has submitted that this petition has been filed by the petitioner concealing the material facts. Petitioner has already filed a suit being Original Suit No.456/2024 which was instituted by the petitioner on 16.9.2024 but the said fact has not been disclosed in the writ petition and petitioner is simultaneously pursuing two remedies at a time. It has been further contended by learned counsel for the respondent that there is no allegation in the writ petition that in pursuance to the impugned order, any action has been taken by the respondents.
5. Since the petitioner has already filed a suit, I am not inclined to interfere in the matter.
6. Accordingly, this writ petition stands disposed of with liberty to the petitioner to pursue his suit which he has already been filed. Disposal of this writ petition will not affect the pending suit which has been filed by the petitioner. Order Date :- 25.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad