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2025 DAILYLAW 34157 (ALL)

SALEEM AND 5 OTHERS v. STATE OF UP AND 4 OTHERS

WRIC/9309/2025 · 2025-04-29

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67667-DB Court No. - 3 Case :- WRIT - C No. - 9309 of 2025 Petitioner :- Saleem And 5 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Tanvir Islam Siddiqui Counsel for Respondent :- C.S.C.,Mohd. Ishraque Farooqui Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioners and learned standing counsel for the State. 2. Challenge in the writ petition is to notice dated 07.02.2025 issued by respondent no.5-Executive Officer, Nagar Panchayat, Katra, Kasba Katra Tehsil Tilhar, District Shahjahanpur calling upon the petitioners to remove their unauthorized occupation of land which is alleged to be pond. Notice also states that in case encroachment is not removed, legal proceedings shall be drawn against the petitioners. 3. Learned counsel for the petitioners submits that he had already replied to the notice aforesaid annexing relevant evidence with the same. 4. Learned counsel for respondents has pointed out that civil suit filed by the petitioners regarding the same land is pending before the competent civil court. 5. The petitioners have already availed their remedy before the competent civil court. Two parallel proceedings for the same cause of action cannot be permitted. It is also alleged in the writ petition that a decree is already in existence in favor of the petitioners. 6. In view of above, the writ petition is dismissed. Order Date :- 30.4.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad