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Neutral Citation No. - 2025:AHC:56000-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 1) Court No. - 29 Case :- WRIT - C No. - 11073 of 2025 Petitioner :- Nirmala Shukla Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Murli Dhar Mishra,Ramesh Chandra Shukla,Rashmi Shukla Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Anish Kumar Gupta,J.
1. The only prayer made in the writ petition is to restrain the private respondents no. 7 to 10 and their agents from raising any construction over portion of plot no. 297 of Mauja Phaphamau and dismantle the construction raised illegally so as to maintain status quo ante as on 21.12.2022. A further prayer is made to demarcate and refix the stones around the plot in question.
2. Learned State Counsel opposes the prayer made in the writ petition.
3. From the materials placed on record, it appears to the Court that there is a private dispute in respect of immovable property between the petitioner and the private respondents. Ordinarily such dispute can only be got resolved by approaching the competent civil court. In the event, there is any dispute with regard to demarcation, the remedy of the petitioner would be to approach competent forum in terms of Section 24 of the U.P. Revenue Code,
2006. The submission of the petitioner that some orders were passed in proceedings under Section 24 which have been violated, is also an aspect open for examination in such proceedings.
4. It goes without saying that if such an application is moved before the concerned S.D.M along with certified copy of this order, the Authority concerned shall take necessary action as per law after notice to the private persons, expeditiously preferably within a period of three months.
5. The petition stands disposed of accordingly. Order Date :- 16.4.2025 Kirti (Anish Kumar Gupta, J.) (Ashwani Kumar Mishra, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad