Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84519-DB Court No. - 39 Case :- WRIT - C No. - 14421 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Kalpna Upadhyay,P.K. Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr.PK Upadhyay, learned advocate appears on behalf of petitioner and submits, Arazi no.295 belongs to his client. Private respondent nos.6 to 9, with blessing of respondent no.5 (the Station House Officer), is seeking to construct on said arazi. His client approached respondent no.2 (the District Magistrate), who issued notice dated 30th October, 2024. Private respondents did not respond but are intent on making construction. He seeks interference.
2. Mr.Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State. He submits, it is a private dispute and suit is also pending.
3. There are Government Orders in place giving guidelines for the administration in respect of cases, where private dispute is pending before the civil Court. In the circumstances, we are not inclined to direct issuance of notice on private respondents, who already stand noticed by the District Magistrate. Petitioner has made allegations in the petition against the Station House Officer. Paragraphs 9 and 10 are reproduced below.
"9.That in spite of service of notice to the respondent no.6 to 9 issued by respondent no.2, they started construction over the arazi no.295 with the help of local police of the Police Station-Jalalpur, District-Jaunpur i.e. respondent no.5. 10.That the petitioner approached to the respondent no.5 who denied to stop the construction done by the respondent no.6 to 9."
4. Petitioner will communicate certified copy of this order to respondent no.5. Said
respondent must act responsibly and in compliance with relevant Government Orders regarding private dispute. Respondent no.2 is directed to consider petitioner's representation dated 21st October, 2024. Petitioner will also communicate copy of this order and his representation to respondent no.2.
5. The writ petition is disposed of. Order Date :- 20.5.2025 LN Tripathi (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad