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2025 DAILYLAW 71283 (ALL)

SHIV SHANKAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/21792/2025 · 2025-07-10

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111515 Court No. - 34 Case :- WRIT - C No. - 21792 of 2025 Petitioner :- Shiv Shankar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surjit Kumar,Vaibhav Kumar Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "I. Issue a writ order or direction in the nature of mandamus directing the respondent No. 2 to restrain to the respondent no. 3 for interfere in peaceful possession of the petitioners over the Arazi No.528 Rakba 0.013 hectare situated at village Gudiya, Pargana-Kaswar Raja, Tehsil-Rajatalab, District- Varanasi in pursuance of order dated 30.08.2024 passed by Respondent No.2/Sub-Divisional Officer, (Judicial), Rajatalab, District-Varanasi." It is contended that an order under Section 144 of U.P. Z.A. and L.R. Act, 2006 has already been passed and petitioner as well as respondent no. 3 are living in their respective shares but respondent no. 3 is interfering in the possession of the petitioner. No relief can be granted by exercising jurisdiction under Article 226 of Constitution of India as writ petition is not maintainable against a private person as he is not an instrumentality of State as defined under Article 12 of Constitution of India. Moreover, petitioner has remedy of moving an application under Section 134 of U.P. Revenue Code, 2006 for redressal of his grievance. Writ petition stands disposed of. Order Date :- 11.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad