SADHANA DEVI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/23523/2025 · 2025-07-21
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76901 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76901 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119298-DB Court No. - 21 Case :- WRIT - C No. - 23523 of 2025 Petitioner :- Sadhana Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Kumar Tiwari 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 restrain the unsocial aliments not to create any hindrance in peaceful construction of petitioners over the Gata No.98 Area 0.038 hectare (old Gata No. 184/2) Area 3 Biswa which is situated in Sakin-Belsad, Tappa- Khuriyar, Tehsil- Harraiya, Police Station- Kaptanganj, Pargana- Nagar Pakshim, District- Basti. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent authority to take necessary action on the application of petitioner dated 27.06.2025 within stipulated period which is pending before the respondent No.3 (Annexure No.5 to this writ petition)."
2. In paragraph no.10 of the writ petition, it is asserted as follows:
"10. That it is submitted here that Geeta Devi, Meena Devi daughters of Brijraj, Akash Pandey Son of Geeta Devi, Prem Devi Wife of Sitaram, R/o Madwanagar, P.S. Kotwali, District Basti, Batula D/o Brijraj R/o Munderwa, P.S. Munderwa, and Ugreta D/o Brijraj R/o Deegha are notorious persons of the locality and they also approached to the political persons as well as local police and with the collusion of local police the said persons are illegally creating hindrance in peaceful work of petitioners while the said persons have no concerned with the said property and the local police also knock the spot and making pressure upon the petitioners to left the property in question. The copy of the photograph of spot is being filed herewith and marked as Annexure No.6 to this writ petition."
3. The main allegation is against the private parties, who are not even before this court. 4. As there appears to be serious issue of law and order, therefore, merely on basis of presence of few police officers at the site as is portrayed through certain photographs, it cannot be accepted that it is the police authorities, who are helping the respondents in interfering with the construction being undertaken by the petitioners. 5.
We are of the considered opinion that having regard to the nature of dispute, the petitioners should approach the civil court or any other appropriate forum for appropriate reliefs. 6. Accordingly, the writ petition stands disposed of with aforesaid liberty to the petitioners. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad