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Neutral Citation No. - 2025:AHC:116716-DB Court No. - 21 Case :- WRIT - C No. - 19077 of 2025 Petitioner :- Mahagu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shree Prakash Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayer has been made in the writ petition:
"a) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to take necessary action against the respondent no.4 according to the Government order dated 01.05.2017 relating to Anti-Land Mafia; within stipulated period and further to protect the property of petitioner i.e. Arazi No.876/10 measuring area 0.0910 hectare situated at village Bhagautipur, Paragna- Kewai, Tehsil- Handia, District- Prayagraj from the respondent no.4 in the light of Government order dated 01.05.2017."
2. The case of the petitioners is that he is owner of Arazi No. 876/10, area 0.091 hectare, Village- Bhagautipur, Pargana- Kewai, Tehsil- Handia, District- Prayagraj.
3. It is alleged that respondent No.4 is a land mafia and he has encroached the land of the petitioners. 4.The petitioners are relying on a Government Order dated 01.05.2017 in describing respondent No.4 as a land mafia and for action being taken for dispossessing him.
5. In our considered opinion, any private person, even if, alleged to be in illegal possession of land of another private person, cannot be evicted without opportunity to such person to place his version and adjudication of the rival claims under applicable laws.
6. We find no merit in the instant petition. It is, accordingly, dismissed with liberty reserved in favour of the petitioners to avail suitable civil remedies. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 18.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad