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2025 DAILYLAW 43127 (ALL)

BHAGWAN SHANKAR-PARVATI MATH v. STATE OF U.P. AND 3 OTHERS

WRIC/11467/2025 · 2025-04-16

S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56887-DB Court No. - 39 Case :- WRIT - C No. - 11467 of 2025 Petitioner :- Bhagwan Shankar-Parvati Math Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey,Vijay Bhan Singh Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. Mr. Saurabh Kumar Pandey, learned advocate appears on behalf of petitioner and submits, his client is a Math. Crop cutting is being interfered with by anti-social elements. There be direction upon respondent no.2 to restrain the hindrance. Mr. Devesh Vikram, learned advocate, Additional Chief Standing Counsel appears on behalf of State and with reference to paragraph 8 submits, petitioner must approach the civil Court for protection against dispossession. Consistent allegation of petitioner is hindrance by anti-social elements. Prayer (ii) in the writ petition is reproduced below. "ii. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2/District Magistrate, Maharajganj to ensure no one create hindrance in cutting crop sown by the petitioner over Plot Nos. 3, 35, 40, 74, 84, 90ka Min and 91." Petitioner appears to be seeking protection against anti-social elements or in effect, to enforce right of cutting crop in the plots. On query, Mr. Pandey draws attention to letter dated 11th March, 2025 written by his client to the District Magistrate giving reference of F.I.R.s registered earlier. Petitioner, if and when suffers hindrance on cutting crops, must immediately complain to the local police station, giving particulars of persons who caused the hindrance. Petitioner has liberty to enclose copy of this order with the complaint, as and when necessitated for being made. In event such complaint is lodged with the police station, F.I.R be registered and action taken. With above direction, the writ petition is disposed of. Order Date :- 17.4.2025 Gurpreet Singh (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad