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2025 DAILYLAW 82396 (ALL)

SANJAY KUMAR AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIC/26004/2025 · 2025-08-20

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:143900-DB Court No. - 21 Case :- WRIT - C No. - 26004 of 2025 Petitioner :- Sanjay Kumar And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Dinesh Mishra,Sandeep Kumar Pandey Counsel for Respondent :- C.S.C.,Premnendra Singh,Saurabh Basu,Yash Padia 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 to direct the respondent nos.2 and 3 about remove the possession of the petrol pump relating to the Bharat Petroleum Corporation Ltd. from the land Gata No.1484, Mahrauni, District Lalitpur , which is in the ownership of petitioners. (ii) Issue a writ order or direction in the nature of mandamus to direct the respondent Nos.2 and 3 to decide the representation of the petitioners dated 21.06.2025." 2. The petitioners allege that respondent Nos.4 to 8 are illegally running a petrol pump over their Bhumidhari land without having valid permission. They have filed representation before respondent Nos.2 and 3 and since the same has not been decided, the present petition has been filed. 3. Sri Yash Padia, Advocate appearing on behalf of respondent Nos.4, 5 and 6 states that the petrol pump is running since 31.05.2013 and petitioners have no right, title or interest over the land, over which the petrol pump is running. 4. Sri Saurabh Basu, Advocate appearing on behalf of respondent Nos.7 and 8 takes the same stand. 5. Apparently, the dispute is regarding right, title and interest in the land in question. We are of the considered opinion that said dispute cannot be decided in the present proceedings nor by way of representation to the administrative authorities. The writ petition is disposed of with liberty to the petitioners to avail such other remedies, as may be advised. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 21.8.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad