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2025 DAILYLAW 52265 (ALL)

INDRARAJ BHARTIYA v. STATE OF U.P. AND 3 OTHERS

WRIB/1703/2025 · 2025-05-04

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71214 Court No. - 50 Case :- WRIT - B No. - 1703 of 2025 Petitioner :- Indraraj Bhartiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rama Kant Yadav Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Rama Kant Yadav, learned counsel for the petitioner and Mr. Tarun Gaur, learned Standing Counsel for the State- respondents. 2. The instant writ petition has been filed for the following relief: "1. issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the application dated 06.02.2025 given by petitioner within stipulated period as fixed by this Hon'ble Court and may also give the possession to the petitioner over the Gata no.1095 Rakaba 0.2280 hectare situated in Village-Sanvdeeh, Pargana-Sikandara, Tehsil-Phoolpur, District-Prayagraj." 2. Learned counsel for the petitioner submitted that plot in question is recorded in the name of petitioner's wife and copy of the khatauni is annexed along with writ petition. He submitted that private respondent no.4 is interfering with the possession of the petitioner in respect to the plot in question accordingly, petitioner has approached the consolidation authorities for redressal of his grievance. He submitted that authorities should be directed to ensure the compliance of the order issued by the authorities. He submitted that petitioner has filed application dated 06.02.2025 before the Settlement officer of Consideration with the prayer the private respondent be restrained from interfering with the possession of the petitioner's wife. 3. I have considered the arguments advanced by the learned counsel for the petitioner and perused the record. 4. There is no dispute about the fact that petitioner's wife is recorded tenure holder of the plot No.1095 area 0.2280 hectare. 5. The prayer made in the instant writ petition as well as in the application dated 06.02.2025 to restrain the private respondent from interfering with the possession of the petitioner in respect to the plot No.1095 area 0.2280 hectare cannot be granted by this court in exercise of jurisdiction under Article 226 of the Constitution of India. 6. The writ petition is misconceived and dismissed accordingly. Order Date :- 5.5.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad