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2025 DAILYLAW 70114 (ALL)

ASIF KALEEM v. THE STATE OF U.P. AND 7 OTHERS

WRIC/20959/2025 · 2025-07-14

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113075-DB Court No. - 21 Case :- WRIT - C No. - 20959 of 2025 Petitioner :- Asif Kaleem Respondent :- The State Of U.P. And 7 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayers have been made in the writ petition: "1) issue writ, order direction in the nature of certiorari quashing the impugned report dated 20.03.2025 submitted by Revenue Lekhpal on the administrative letter dated 05.03.2025 issued by the Joint Magistrate/Sub Divisional Magistrate, Tehsil: Sadar, District: Gorakhpur as well as impugned order dated 21.03.2025 passed by the Sub Divisional Magistrate, Tehsil: Sadar, District: Gorakhpur thereon directing the Station House Officer, Police Station: Kotwali, District: Gorakhpur to take necessary action in accordance with law sitting in administrate side (Contained in Annexure no.3 to this writ petition). (2) issue a writ, order or direction in the nature of mandamus commanding the Station House Officer, Police Station: Kotwali, District: Gorakhpur to withdraw the Police Force as provided in favour of the private respondent in the construction being made over plot no.45 of the petitioner pursuant to impugned order dated 21.03.2025 passed by the Joint Magistrate/Sub Divisional Magistrate, Tehsil: Sadar, District: Gorakhpur. (3) issue writ, order or nature of mandamus commanding the Joint Magistrate/Sub Divisional Magistrate, Tehsil: Sadar, District: Gorakhpur to stop the construction being made by private respondent over Plot No.45 of the petitioner situate at Nasirabad, Tehsil: Sadar, District: Gorakhpur with the help of Police Force provided by the Station House Officer, Police Station: Kotwali, District: Gorakhpur pursuant to impugned administrative order dated 21.03.2025 passed by the Sub Divisional Magistrate itself merely on Misc. Application so made by the private respondents." 2. A perusal of the documents brought on record reveals that some spot inspection was made by the revenue team and there was suggestion for ensuring maintenance of law and order and in that context, certain orders were also passed. The dispute is essentially between the petitioner and private respondent No. 8. 3. Shri A.P. Tiwari, learned counsel for the petitioner, after making submissions at some length, prays for withdrawal of the writ petition with liberty to the petitioner to seek other appropriate remedy. 4. Accordingly, the petition stands disposed of as withdrawn with liberty in terms of the prayer made. Order Date :- 15.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad