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2025 DAILYLAW 37392 (ALL)

SUNNY KUMAR v. STATE OF UP AND 7 OTHERS

WRIC/10875/2025 · 2025-04-28

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66266-DB Court No. - 3 Case :- WRIT - C No. - 10875 of 2025 Petitioner :- Sunny Kumar Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Arju,Ulajhan Singh Bind Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Shri Dinesh Kumar Singh has filed his vakalatnama on behalf of the respondent no. 4 in Court today which is taken on record. 2. Heard learned counsel for the petitioner and Shri Dinesh Kumar Singh, learned counsel appearing for the respondent no. 4. 3. The writ petition seeks the following relief: "I. Issue the writ, order or direction in the nature of mandamus commanding and directing the respondent administrative authority to take necessary legal action against the respondent no.5 to 8 and restrain the respondent no.5 to 8 and their companion from illegal possession over no.1244Ka Gata area 0.0430 hectare and Gata no.1244Kha area 0.0280 hectare which is Pajawa and Kabristan situated in Village Rampur Majwata Bairun (Rampur) Tehsil Rampur Maniharan District Saharanpur. II. Issue the writ, order or direction in the nature of mandamus commanding and directing the respondent administrative authority to decide the representation dated 28.02.2025 of the petitioner no.1 within a specific period." 4. From perusal of the relief sought and the averments made in the petition, it transpires that the petitioner is aggrieved by the action of the private-respondents, namely, respondent nos. 5 to 8 and it is alleged that they are raising illegal constructions. 5. It is settled law that no mandamus can be issued to the private- respondents. To circumvent this legal impediment, a direction is being sought to be issued to the State-respondents to issue an injunction against the private-respondents. The administrative authorities are not competent to issue an injunction on the administrative side. 6. Accordingly, and in the aforenoted circumstances, this Court refuses to interfere in the matter and this petition is dismissed leaving it open to the petitioner to file a suit for injunction or such other relief he may be entitled under the common law. Order Date :- 29.4.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad