Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 65568 (ALL)

SHIVANI YADAV v. STATE OF U.P. AND 5 OTHERS

WRIC/25490/2025 · 2025-08-10

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:135236-DB Court No. - 21 Case :- WRIT - C No. - 25490 of 2025 Petitioner :- Shivani Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Virendra Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The instant petition has been filed praying for a direction to the State respondents to take action against private respondents no. 2 to 5 and "provide land to the petitioner as the petitioner wants to construct her house on her purchased land i.e. Arazi No. 98, area 153.34 square meters situated at Mauja Kachpura, Pargana and Tehsil Sadar, District Etawah". The case of the petitioner is that she purchased the aforesaid property from Nandini Yadav, who was the recorded tenure holder. It is stated that Nandini Yadav had purchased the said land by registered sale deed dated 03.12.2021 from Sonu Kumar s/o Ashok Kumar. It is also stated that respondent no. 6 filed Original Suit No. 85 of 2022 against the petitioner and Sonu Kumar for permanent injunction and the said suit has been dismissed by the trial court by order dated 18.02.2025. The respondent no. 6 despite the said fact has encroached over part of the land of the petitioner and therefore, the petitioner should be provided police force to dispossess the respondent no. 6 and enable her to raise constructions. 2. The dispute between the parties appears to be in relation to title and possession and the mere fact that the suit of respondent no. 6 has been recently dismissed, would not ipso facto entitle the petitioner to dispossess respondent no. 6 with the help of executive authorities. 3. It is open to the petitioner to avail appropriate remedy, as provided under law, in respect of the prayer made in the instant petition. 4. The writ petition is, accordingly, disposed of with aforesaid liberty to the petitioner. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.8.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad