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2025 DAILYLAW 45299 (ALL)

SARITA DEVI v. STATE OF U.P. AND 4 OTHERS

WRIC/30948/2021 · 2025-10-06

Prakash Padia, Vivek Saran

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30948 of 2021 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri Amar Nath Pandey, learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos.1,2 and 5 and Sri Rajendra Prasad Yadav, learned counsel on behalf of respondent no.6. 2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "i. Issue a Writ, Order of direction in the nature of mandamus directing the respondent no.2 and 4 to take forcibly action for removing the illegal possession of the respondent no.5 to the petitioner room over the Plot No.269 area 0.040 Hectare situated in Village Saraiyan, Pargana-Saremu, Tehsil Sadar, District Jaunpur. ii. Issue a Writ, Order of direction in the nature of mandamus direct the respondent no.2 and 3 to decide the representation of the petitioner dated 25.02.2021, 9.8.2021, 16.8.2021 regarding illegal possession of the room to the petitioner." 2. From perusal of the record it appears that the petitioner is seeking relief against respondent no.5, namely, Achchey Lal son of Lachiman, who is a private person hence present writ petition is not maintainable. 3. Accordingly, present writ petition is dismissed. However, if the petitioner is aggrieved against any private individual, he may apply for common law remedy. October 7, 2025 Deepika Versus Counsel for Petitioner(s) : Amar Nath Pandey Counsel for Respondent(s) : Amar Nath Pandey, Rajendra Prasad Yadav (Vivek Saran,J.) (Prakash Padia,J.) Sarita Devi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad