ANAND PRAKASH SINGH AND 2 OTHERS v. STATE OF U.P. AND 20 OTHERS
WRIC/22441/2025 · 2025-07-21
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74308 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74308 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118733-DB Court No. - 21 Case :- WRIT - C No. - 22441 of 2025 Petitioner :- Anand Prakash Singh And 2 Others Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Bharat Singh Pal,Shivangi Tripathi,Sr. Advocate 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: -
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to comply with the order dated 03.11.1997 passed by the court of learned Civil Judge (Junior Division), Chunar, Mirzapur in Suit No. 1068 of 1997 (Anand Prakash Singh and others Vs Krishnawati Devi and others). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful physical possession of the petitioners over the property i.e. Khata No. 58 of plot nos. 11, 64M, 65M, 67M, 83, 84 and 105M, total 7 gatas area (6-16-9) 6 Bigha 16 Biswa and 9 Dhoor situated in Village- Premapur, Pargana Kriyat, Tehsil-Chunar, District Mirzapur; Khata No. 349 of plot nos. 95,96,97 and 98, total 4 gatas area 7 Bigha and 1 Biswa situated in Village- Ramgarh, Pargana Kriyat, Tehsil-Chunar, Mirzapur and Khata No. 579 of plot nos. 2068, 2069, 2070 and 2066 total 4 gatas area (5-4-10) 5 Bigha, 4 Biswa and 10 Dhoor situated in Village-Majhara Kalan, Pargana Kriyat, Tehsil-Chunar, District Mirzapur. (iii) Issue a writ, order or direction in the nature of mandamus directing to the respondent no.4/Tehsildar, Chunar, District Mirzapur to implement the order dated 17.03.2025 passed by respondent no.4 in Mutation Case No. 0112/827, computerized case no. T198616530400002 (Anand Prakash Ramashankar) under Section 34 of U.P. Land Revenue Act for Amaldaramad and record the petitioners name in revenue record for the plots mentioned in the order dated 11.07.1988 and Khatauni of Village- Premapur, Village-Ramgarh Kalan and Village-Majhara Kalan, Pargana Kriyat, Tehsil Chunar, District Mirzapur. (iv) Issue a writ, order or direction in the nature of mandamus directing to the concerned respondents/Administrative Authorities to provide protection at the time of seasonal agricultural practices of plowing and sowing or planting."
2.
Sri Neeraj Tripathi, learned counsel for the petitioners, contended that the injunction order of the civil court dated 3.11.1997 is being violated with impunity and it is also submitted that mutation of the name of the petitioners in pursuance of
order of Tehsildar dated 11.7.1988 is not being carried out in the revenue records.
3. The dispute is essentially of a civil nature between the petitioners and private respondents in relation to an immovable property and it is evident from the averments made in the writ petition that the petitioners have already availed various remedies and some of the proceedings are also pending.
4. In the aforesaid facts and circumstances, we are of considered opinion that filing of the instant petition is nothing but a gross abuse of process of law and an attempt to overreach.
5. Accordingly, the petition is dismissed without affecting the rights of the petitioners to seek appropriate relief in pending proceedings or by other modes permissible under law. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.)
Order Date :- 22.7.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad