Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 39203 (ALL)

LALARAM AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

WRIC/11425/2025 · 2025-04-23

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:62248 Court No. - 35 Case :- WRIT - C No. - 11425 of 2025 Petitioner :- Lalaram And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Brijendra Kumar Rai,Vimal Kumar Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs:- "I. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2, Sub Divisional Magistrate, Tehsil Khair, District Aligarh to consider the grievances of the petitioner in the context of application dated 15.07.2024 and 27.03.2024 moved by the petitioners within stipulated period as fixed by this Hon'ble Court.." 3. A preliminary objection has been raised by learned Standing Counsel that the dispute of the petitioners is with the private respondents regarding property in question and as such writ petition is not maintainable. 4. I have perused the averments made in the writ petition and the annexures annexed thereto. From the perusal of the same, it appears that the dispute of the petitioners is with private respondents. 5. The Supreme Court in the case of Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 has considered a large number of its earlier judgements and held that writ petition is not the proper remedy in respect of the property dispute and the party should be relegated to seek appropriate remedy before the Civil or Revenue Court. Paragraph nos. 64 and 65 of the judgment in Shalini Shyam Shetty (supra) are extracted hereinbelow-: "64. However, this Court unfortunately discerns that of late there is a growing trend amongst several High Courts to entertain writ petition in cases of pure property disputes. Disputes relating to partition suits, matters relating to execution of a decree, in cases of dispute between landlord and tenant and also in a case of money decree and in various other cases where disputed questions of property are involved, writ courts are entertaining such disputes. In some cases the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions. 65. We would like to make it clear that in view of the law referred to above in cases of property rights and in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown that a private individual is acting in collusion with a statutory authority." 6. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter. 7. Accordingly, the writ petition is disposed of with liberty to the petitioners to avail the remedy as available to them under law. Order Date :- 24.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad