Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 77403 (ALL)

RAJARAM v. STATE OF U.P. AND 5 OTHERS

WRIC/24640/2025 · 2025-07-28

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:125406-DB Court No. - 21 Case :- WRIT - C No. - 24640 of 2025 Petitioner :- Rajaram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Balbir Yadav,Shravan Kumari Counsel for Respondent :- Azad Rai,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 instant writ petition :- "i. Issue a writ, order or direction in the nature of mandamus directing the respondent No.5 and 6 not to interfere in peaceful possession of the petitioners over the plot No.3 area 0.0081 hectare of Gata No.104 M situated in village Koora Karnai, Pargana Kotala, Tahsil Khaga, District Fatehpur. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent No.5 and 6 not to create any third party right over the plot allotted to petitioner and not to build any house over the said plot. iii. Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 and 3 to decide the representation dated 30.09.2023 and reminder dated 03.04.2025 pending before them contained as Annexure No.3 and 5 to the writ petition." 2. The petitioner claims to be possession over a certain piece of land on the basis of Patta granted to him by Gaon Sabha. However, it is evident from the pleadings that there is dispute relating to possession over the said land between the petitioner and private respondents No.5 and 6. It is alleged that they have encroached over his land. 3. The aforesaid question cannot be decided in exercise of writ jurisdiction and the remedy under common law is available to the petitioner for redressal. 4. Consequently, the writ petition is disposed of with liberty to the petitioner to avail common law remedies. Order Date :- 29.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad