SAMIM AHMAD v. STATE OF UTTAR PRADESH AND 9 OTHERS
WRIC/19898/2025 · 2025-09-09
Amitabh Kumar Rai, Saral Srivastava
body2025
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[ 2025 DAILYLAW 66506 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 66506 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19898 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 respondents No.1 to 5. 2. The petitioner by means of the present writ petition has prayed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of Mandamus directing the Respondent No. 2/ District Magistrate, Auraiya to call for a spot inspection report regarding the encroachment/dispute in respect of Plot No. 253 Minzumla, situated at Village Asaini, Post Gulriha, Police Station Dibiyapur, District Auraiya, and to take strict legal action against the erring officials of the Revenue and Police Departments found involved in illegal activities, in accordance with law. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 2 (District Magistrate, Auraiya) to decide the Petitioner's pending representation, within a time-bound manner, in accordance with law; (iii) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 2 (District Magistrate, Auraiya) to ensure strict compliance with the interim injunction/stay order dated 02.04.2024 passed by the Learned Civil Judge (Junior Division), Vidhuna, District Auraiya in the pending civil suit filed by the Respondents-lInd Set. (iv) Issue a writ, order or direction in the nature of Mandamus or Prohibition restraining the Respondents-lInd Set and their agents from interfering with the Petitioner's peaceful possession and enjoyment of Arazi No. 253 Minzumla, area 0.202 hectare, situated in Village Asaini, Post Gulriha, Police Station Dibiyapur, District Auraiya, U.P., without following due process of law; (v) Issue a writ, order or direction commanding the Respondents-Ist Set (including the District Magistrate, Superintendent of Police, SHO, and Revenue Authorities) to provide adequate protection to the Petitioner against harassment, threats, and illegal dispossession attempts by Respondents-IInd Set; (vi) Pass such other and further orders as may be deemed just and proper by this Hon'ble Court in the facts and circumstances of the present case, in the Versus Counsel for Petitioner(s) : Ram Govind Counsel for Respondent(s) : C.S.C. Samim Ahmad .....Petitioner(s) State Of Uttar Pradesh And 9 Others .....Respondent(s)
interest of justice. (vii) Award the cost of the petition to the Petitioner."
3.
It appears that a suit no.199 of 2024 has been instituted by one Brajesh Kumar in which the petitioner has also been arrayed as defendant no.2. In the said suit, a decree for permanent injunction restraining the respondents from interfering in the peaceful possession over bhumidhari land no. 253 क has been prayed for. 4. In such view of the fact, the reliefs prayed for cannot be granted in as much as the dispute is essentially a private dispute between the petitioner and the respondent nos. 6 to 10. 5. Accordingly, the writ petition lacks merit, and is dismissed. September 10, 2025 SS WRIC No. 19898 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad