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2025 DAILYLAW 77880 (ALL)

MOLHAR SINGH v. STATE OF U.P. AND 5 OTHERS

WRIC/23906/2025 · 2025-08-05

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133004-DB Court No. - 21 Case :- WRIT - C No. - 23906 of 2025 Petitioner :- Molhar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sunil Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayer has been made in the writ petition:- " Issue a suitable writ order in the nature of mandamus commanding upon the respondent No.2 to consider the claim/grievance of the petitioner dated 09.05.2025 and direct to the respondents to take the necessary action on the grievance of the petitioner and also save the land of the Temple by the private persons, otherwise the petitioner shall suffer irreparable loss and injury." 2. The case of the petitioner is that a private temple exists over certain land inherited by him from his father and that respondent No.6 is trying to interfere in the possession of the petitioner. The petitioner has, accordingly prayed for a direction to respondent No.2 to consider his grievance contained in his application dated 09.05.2025. 3. We have gone through the said complaint and find that the dispute is essentially between the petitioner and respondent No.6. It is alleged that respondent No.6 is illegally raising construction over the land of the temple. 4. As the dispute is essentially between two private persons in relation to immovable property, therefore, in our considered opinion, the executive authorities do not come into the picture except for purpose of maintaining law and order. Therefore, no purpose would be served in directing any of the respondents to consider and decide the representation, as prayer in the writ petition. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail appropriate remedy under law. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.8.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad