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Neutral Citation No. - 2025:AHC:128252-DB Court No. - 21 Case :- WRIT - C No. - 25244 of 2025 Petitioner :- Rehana Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,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 instant writ petition:
"Issue, a writ, order or direction in the nature of mandamus, commanding and directing the respondent authorities not to interfere in possession of the petitioner over residential lease i.e. Plot No. 403, area 0.010 hectare situates in village Vasipur @ Piyari, P.O. Deokali, Tehsil Saidpur, District Ghazipur granted in favour of the petitiner."
2. The petitioner is claiming right in the subject land on basis of abadi patta in her favour. Another person by name of Javed Khan is also claiming right in the same land. It seems that the parties are at loggerheads on account of the said dispute. They have also been challaned under Sections 170/126/135 of BNSS. There is also a report on record which states that the patta on basis of which the petitioner is claiming right in the subject land appears to be fake.
3. Learned counsel for the petitioner tried to show that the patta in favour of the petitioner is genuine and merely because, it was not entered in record of tehsil, therefore, the State is alleging it to be fake.
4. A rival claim is being set up by a private person, therefore, we are of considered opinion that the injunction in the form prayed by the petitioner cannot be granted as there is likelihood of the same affecting right of another private person who is not even party to the instant petition.
5. Accordingly, we dispose of the the instant petition with liberty to the petitioner to avail appropriate legal remedy. Order Date :- 31.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad