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2025 DAILYLAW 59469 (ALL)

HARSH SINGH v. STATE OF U.P. AND 6 OTHERS

WRIC/16232/2025 · 2025-05-20

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85720-DB Court No. - 40 Case :- WRIT - C No. - 16232 of 2025 Petitioner :- Harsh Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abhishek Kumar Srivastava,Shriyansh Gomala Counsel for Respondent :- Baleshwar Chaturvedi,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- "(i) Issue suitable Writ, order or direction in the nature of mandamus commanding and directing the respondent no. 6 & 7 not to interfere the petitioner in his peaceful possession and construction over petitioner's land Arazi No. 166mi area 2.4600 hectare situated at Village- Saiyan, Tehsil- Kheragarh, District-Agra. (ii) Issue suitable Writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 District Magistrate, Agra to decide the latest representation of petitioner dated 02.04.2025 with reasoned and speaking orders and ensure protection of petitioner's land Arazi No. 166mi area 2.4600 hectare situated at Village- Saiyan, Tehsil-Kheragarh, District- Agra from respondent no. 6&7. (iii) Issue suitable Writ, order or direction in the nature of mandamus commanding and directing the respondent no. 4 & 5 Police Authorities to protect the petitioner and his peaceful possession and construction over land Arazi No. 166mi area 2.4600 hectare situated at Village- Saiyan, Tehsil- Kheragarh, District- Agra from respondent no. 6&7. (iv) Issue any other Writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (v) To award cost of the petition to the petitioner." 3. Upon perusal of the documents, it is clear that there is a dispute with regard to the possession of the property. 4. Learned counsel appearing on behalf of the electricity corporation has vehemently submitted that the petitioner is not in possession of the property. 5. On the other hand, learned counsel appearing on behalf of the petitioner submits that the power corporation is in possession of power house which is there on the property and rest of the property is in possession of the petitioner. These facts are disputed, and accordingly, there is dispute with regard to title and possession of the property. 6. In light of the same, we are of the view that the writ Court cannot decide such an issue. Accordingly, the writ petition is disposed of with liberty granted to the petitioner to approach the appropriate Court for redressal of his grievance. Order Date :- 21.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad