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Neutral Citation No. - 2025:AHC:100940-DB Court No. - 21 Case :- WRIT - C No. - 20399 of 2025 Petitioner :- Gaya Prasad Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Sandeep Kumar Pathak 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 writ of mandamus directing respondent No. 4 i.e., Station House Officer, Police Station Jaithara, District Etah to restrain the private respondents from taking forcible possession over the plot situated at Mauza Jaithara Bahar Chungi, Pargana Azamnagar, District Etah in compliance of order of respondent No. 3-Sub Divisional Magistrate, Aliganj, District Etah dated 17.06.2025.
2. It appears that an application was filed by the petitioner before respondent No. 3 alleging that private respondents are trying to take illegal possession of the plot of the petitioner. On the said application, the SDM made an endorsement on 17.06.2025 directing SHO to take appropriate action. The petitioner has filed the present petition for compliance of the said direction. It is urged by learned counsel for the petitioner that in compliance of the aforesaid order of respondent No. 3, respondent No. 4 should take action against the private respondents so that they may not take illegal possession of the plot of the petitioner.
3. The order of respondent No. 3 directing SHO to take appropriate action would not mean that he would examine the question of possession or take any action in that behalf. At best, he shall have power to ensure maintenance of law and order and in relation thereto, he can also submit appropriate report before respondent No. 3. However, we are unable to accept the submission that in compliance of the said order, action should be taken by respondent No. 4 against the private respondents which would definitely have the effect of adjudicating the right, title or interest of the parties in the subject land.
4. The petition is wholly misconceived and is accordingly, dismissed, however, without prejudice to the right of the petitioner
to seek appropriate remedy before the civil court or such other court or authority as is permissible under law. Order Date :- 1.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad