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2025 DAILYLAW 52206 (ALL)

SACHINDRA KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/14038/2025 · 2025-05-26

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90518-DB Court No. - 3 Case :- WRIT - C No. - 14038 of 2025 Petitioner :- Sachindra Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vatsala Upadhyay Counsel for Respondent :- Avadhesh Narayan Dubey,C.S.C.,Mridul Chandra Tiwari Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vatsala Upadhyay, learned counsel for the petitioners, learned Standing Counsel for the respondent nos.1 to 3, Sri Avadhesh Narayan Dubey, learned counsel for the respondent no. 4 and Sri Rajesh Kumar Pandey, learned counsel for the respondent no. 5. 2. The present petition has been filed praying for the following reliefs to :- (i) issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 (District Magistrate, District- Muzaffar Nagar) to examine the petitioners' application dated 20.03.2025 and to take necessary action thereon within a time to be specified by this Hon'ble Court. (ii) issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iii) award the cost of the writ petition in favour of the petitioners. 3. The application has been filed pleading that a particular plot near the shopping complex of the petitioners was being used by the petitioners as parking area for the vehicles of persons who visit the shopping complex as well as for the vehicles of the shopkeepers. It has been stated that certain persons have illegally taken possession of the plot and are threatening to make construction over the same depriving the petitioners and other visitors to the shopping complex from using the plot as a parking area. In this regard, the petitioners have submitted an application before the District Magistrate, Muzaffar Nagar. 4. The dispute appears to be a private dispute between different parties. Therefore, there is no reason to direct the District Magistrate concerned to decide the claim of the petitioners and the relief prayed by the petitioners cannot be granted. 5. The petitioners have the remedy to approach the civil court for prohibitory injunction after establishing their rights over the disputed plot. 6. With the aforesaid observation, the writ petition is disposed of. Order Date :- 27.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad