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2025 DAILYLAW 46848 (ALL)

RITESH AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/13354/2025 · 2025-05-13

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78947-DB Court No. - 39 Case :- WRIT - C No. - 13354 of 2025 Petitioner :- Ritesh And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pushpa Pandey,Rituvendra Singh Nagvanshi,Uday Bhan Mishra Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Rituvendra Singh, learned advocate appears on behalf of petitioners and submits, his clients have filed application for amendment. They seek to add prayer for consideration of their representation dated 15th February, 2025, to be made by the Tehsildar. 2. On query Mr. Singh submits, private respondent nos. 5 and 6 have misled the administration to hold out that they are raising construction in plot no.1366, while they are doing so in plot no.1367. He seeks the amendment and direction for consideration of the representation. 3. Mr. Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State and submits, it is a private dispute. Referring to para 10 he submits, said representation dated 15th February, 2025 was already acted upon. Furthermore, the civil Court passed order dated 18th March, 2025 appointing Commission. There is no scope for interference. 4. Para 10 of the writ petition is reproduced below. "10. That it is also pertinent to mention here that the petitioners made a representation dated 15.02.2025 before the Respondent no.4 herein, thereby requesting to get the unauthorized occupation from plot no.1367 removed. On the basis of the said representation dated 15.02.2025, the Respondent no.4 passed an order dated 03.04.2025 whereby a revenue team was formed and directions were issued to carry out survey of the said plot no.1367 on 03.04.2025. A copy of the order dated 03.04.2025 is being filed herewith and marked as Annexure no.5." Considering the representation had already been acted upon, the amendment application has become infructuous. It is disposed of. 5. We are satisfied that the dispute is before the civil Court having directed commission on 18th March, 2025. Petitioners must find their remedy from said Court as also, there cannot be multiplicity of judicial proceedings. 6. The writ petition is disposed of. Order Date :- 14.5.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad