ASHISH PRAJAPATI ALIAS ASHISH KUMAR PRAJAPATI v. STATE OF U.P. AND 13 OTHERS
WRIC/25124/2025 · 2025-07-30
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 79723 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79723 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:127953-DB Court No. - 21 Case :- WRIT - C No. - 25124 of 2025 Petitioner :- Ashish Prajapati Alias Ashish Kumar Prajapati Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Sanjay Srivastava 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 present writ petition:-
"i) issue a writ, order or direction in the nature of MANDAMUS directing/commanding the District Administrators (respondent Nos. 3 to 8 herein) not to interfere in illegal and unlawful manner except to order of competent Court of law into the peaceful physical possession and construction of the petitioner over his purchased property area 81.20 square meters out of total area 0.0680 hectares of Aarazi No.78 situate at Mauja Patti Jalal, Andrun Jhandi, Pargana and Tehsil-Sadar, District-Prayagraj; during the pendency of the instant writ petition, before this Hon'ble High Court; ii) issue a writ, order or direction in the nature of MANDAMUS directing/commanding the respondent No.5 to provide the police protection to maintain the peace and tranquility on the spot; during the pendency of the instant writ petition, before this Hon'ble High Court."
2. It is alleged that the petitioner is in possession of his property and his possession is being interfered with by the State respondents in collusion with private respondents no. 9 and 10.
3. It appears that private respondents are claiming rights in the disputed land and they have already instituted Original Suit No. 940 of 2022 against the petitioner and the said suit is pending.
4. There is no evidence on record to indicate that State respondents
are interferring in the alleged possession of the petitioner over the disputed land.
5. As civil suit is already pending, it is open to the petitioner to seek appropriate relief therein or file his separate suit.
6. In writ jurisdiction, we decline to examine the issue of title and possession.
7. The petition is dismissed with the aforesaid liberty. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 31.7.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad