Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132710-DB Court No. - 21 Case :- WRIT - C No. - 19741 of 2025 Petitioner :- Tribhuvan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushalendra Nath Singh,Ridham Gupta Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The petitioner being aggrieved by the fact that interference is being caused in construction of boundary wall over a piece of land, which he claims as belonging to him, has filed the instant petition seeking a restraint order against the respondents, so that he could construct boundary wall over the same. The petitioner has also prayed for a direction to respondent No.2 to decide his representation dated
23.05.2025.
2. While going through the document annexed with the writ petition, we find that in respect of the subject land, a suit has been instituted by respondent no.4 against the petitioner and same is pending. It is for permanent prohibitory injunction and it appears that the private respondent is claiming title and possession over the said land.
3. Learned counsel for the petitioner submits that there is no injunction operating in favour of respondent no.4 in the said civil suit, but with the aid of the police, he is interfering with the possession of the petitioner.
4. In our opinion, in case any interference is being caused with the alleged possession of the petitioner over the subject land, it is open to the petitioner to seek appropriate relief in this regard from the trial Court in the pending suit or institute his own suit.
5. As the dispute is essentially between petitioner and private respondent and therefore, we are not inclined to examine the same in exercise of writ jurisdiction.
6. Accordingly, the petition stands disposed of with liberty to the petitioner to seek appropriate remedy, as may be advised. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.8.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad