Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118716-DB Court No. - 29 Case :- WRIT - C No. - 23295 of 2025 Petitioner :- Manoj Kumar Dhall Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Garvit Ramchandran,Manoj Kumar Singh,Ram Chandra Srivastava Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioner, Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondents and perused the material brought on record.
2. The instant writ petition has been filed seeking issuance of a writ in the nature of mandamus, thereby commanding respondent nos. 2 to 4 to conduct a proper inquiry and take appropriate and lawful action by restraining respondent nos. 6 and 7 from causing demolition of the security boundary wall of Magnus Resort Colony, situated at Village Ajijpur, Tehsil Chhata, District Mathura, within stipulated time.
3. The dispute inter-se petitioner and respondent nos. 6 and 7 is a purely private dispute and, in case, a private incumbent is trying to encroach the land in question belonging to petitioner or is interfering in peaceful possession of petitioner, then remedy of petitioner lies to file civil suit before the court concerned and make prayer for grant of injunction, that would be tested on the parameters of prima facie case, balance of convenience and irreparable loss, in view of this, payer made by the petitioner certainly cannot be accorded by us. We also make it clear that in
case an incumbent is trying to take law into his own hand, then the common law remedy is invoked by the petitioner as is provided for under Code of Criminal Procedure, but as far as this Court is concerned, this Court cannot accord any relief to petitioner, as has been prayed by her.
4. Writ petition, as it has been framed and drawn, is dismissed, accordingly. Order Date :- 21.7.2025 A. Tripathi Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad