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2025 DAILYLAW 59746 (ALL)

ASUR DAMAN TOMAR v. STATE OF UP AND 3 OTHERS

WRIC/16525/2025 · 2025-05-21

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86726-DB Court No. - 3 Case :- WRIT - C No. - 16525 of 2025 Petitioner :- Asur Daman Tomar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dilip Kumar Upadhyay Counsel for Respondent :- C.S.C.,Tejasvi Misra Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dilip Kumar Upadhyay, learned counsel for the petitioner, Sri Tejasvi Mishra, learned counsel for the respondent no.3, Sri Sant Ram Sharma, learned counsel for the respondent no.4 and learned Standing Counsel for the respondent- State. 2. Present petition has been filed, praying for following relief; i. issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities not to make any construction over the land of the petitioner in Gata No.14/1, area 0.0760 hectare and also removed his illegal encroachment over the land in question. 3. It appears from the Khatauni of Plot no.14/1 that the plot is a minjumla plot. The petition involves question of fact, for which writ proceeding is not an appropriate remedy. 4. The petitioner may file a representation before the District Magistrate, Ghaziabad, who shall decide the same and take appropriate action, in accordance with law. In case, the petitioner is aggrieved by the decision of the District Magistrate, he shall be at liberty to approach the civil court or concerned revenue court, as the case may be, for redressal of his grievance. 5. With the aforesaid direction, the petition is disposed of. Order Date :- 22.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad