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2025 DAILYLAW 43124 (ALL)

RAMJIT v. STATE OF U.P. AND 6 OTHERS

WRIC/11496/2025 · 2025-09-23

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 11496 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "(A) Issue a writ, order or direction in the nature of Mandamus directing the District Magistrate, Jaunpur to provide suitable protection to the petitioner in accordance with law and ensure the life and liberty of petitioner as provided under Article 21 and 300A of the Constitution of India. (B) Issue a writ, order or direction in the nature of Mandamus directing the District Magistrate, Jaunpur to restore the anti dated possession of petitioner over Gata No.368 arca 0.0350 hectare situated in Village Sakardelha, Tehsil Sadar, District Jaunpur as was on 01.07.2021 in accordance with law. (C) Issue a writ, order or direction in the nature of Mandamus restraining the respondents from interfering in the peaceful possession/use of petitioner over Gata No.368 area 0.0350 hectare situated in Village Sakardelha, Tehsil Sadar, District Jaunpur, except in accordance with law. (D) Issue a writ, order or direction in the nature of Mandamus directing the District Magistrate, Jaunpur to consider and decide Versus Counsel for Petitioner(s) : Pankaj Kumar Tiwari, Saurabh Kumar Tiwari Counsel for Respondent(s) : C.S.C. Ramjit .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) the representation of petitioner dated 02.12.2024 by passing a reasoned and speaking order in accordance with law. (E) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (F) Award the cost of writ petition to the petitioner throughout." 3. The grievance of the petitioner is that the petitioner is Sankramaniya Bhumidhar of Gata No.368 area 0.0350 hectare situated in Village Sakardelha, Tehsil Sadar, District Jaunpur on which the petitioner constructed a small house, but in the absence of the petitioner, the private respondent nos. 4 to 7 took illegal possession over the house of the petitioner. 4. The dispute between the petitioner and private respondent nos.4 to 7 is essentially a private dispute, and this Court cannot issue any writ under Article 226 of the Constitution of India to a private person, and in such view of the fact, the writ petition is not the appropriate remedy. 5. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available under law. September 24, 2025 NS WRIC No. 11496 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad