SMT. RAJ KUMARI v. THE STATE OF U.P. AND 10 OTHERS
WRIC/18906/2025 · 2025-09-15
Amitabh Kumar Rai, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63753 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18906 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. The petitioner by means of the present writ petition has prayed for the following reliefs:-
"1. Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to 6 to remove the illegal encroachment made by the respondent no. 7 to 11 over the Khasra No. 1141 having an area 0.525 hectare situated at village Khakhaicha, Tehsil Handia, district Prayagraj.
2. Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to decide the petitioner's representation dated 5.3.2025 moved before the respondent No. 2."
3. The dispute raised in the present petition is essentially between the petitioner and private respondent Nos. 7 to 11. The question as to whether respondent Nos. 7 to 11 have constructed a Khadanja road on Khasra No. 1141, situated at village Khakhaicha, Tehsil Handia, District Prayagraj, is a question of fact. The revenue record reveals that Khasra No. 1141 is recorded as Abadi land. If respondent Nos. 7 to 11 are in possession of the said land as Abadi, they may be using or raising constructions thereon. The question as to in what capacity respondent Nos. 7 to 11 are occupying Khasra No. 1141 is purely factual in nature and cannot be adjudicated by this Versus Counsel for Petitioner(s) : Ashvani Kumar Tiwari, Devesh Kumar Giri, Som Veer Counsel for Respondent(s) : C.S.C. Smt. Raj Kumari .....Petitioner(s) The State Of U.P. And 10 Others .....Respondent(s)
Court in exercise of writ jurisdiction under Article 227 of the Constitution of India.
4. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy available to him under law. September 16, 2025 Sumaira WRIC No. 18906 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad