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2025 DAILYLAW 83869 (ALL)

SUBHAWATI v. STATE OF U.P THROUGH ITS PRINCIPAL SECRETARY (REVENUE) AND 4 OTHERS

WRIC/26415/2025 · 2025-08-06

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133780-DB Court No. - 21 Case :- WRIT - C No. - 26415 of 2025 Petitioner :- Subhawati Respondent :- State Of U.P Through Its Principal Secretary (Revenue) And 4 Others Counsel for Petitioner :- Vikash Krishnamurti 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 instant petition: "I- Issue writ, order or direction in the nature of mandamus and commanding the respondents especially the respondent no. 3 to initiate appropriate action on the representation dated 13.01.2025 regarding plot no. 541/8sa area 0.01265 situated in the village of Katra (Basti Purab), Tehsil-Basti, District Basti within stipulated period as fixed by this Hon'ble Court." 2. The petitioner claims that he is owner of Plot No. 541/8sa area 0.01265 situated in village Katra (Basti Purab), Tehsil-Basti, District Basti on basis of a sale-deed dated 04.10.2019. It is stated in paragraph-7 of the writ petition as follows: "That, petitioner has approached personally to the respondent authority regarding encroachment and dispossession on 05.01.2025 and thereafter several times but no appropriate action initiated." 3. In the said context, the petitioner is stated to have represented before the respondent authorities for taking action against private respondent No. 5 in terms of Government Order dated 01.05.2017. 4. A perusal of the representation reveals that respondent No. 5 is allegedly raising constructions and the petitioner wants to restrain her from so doing by intervention of executive and police authorities. 5. In our considered opinion, in dispute of such nature, the executive authorities and police has no role except to maintain law and order. 6. We find no merit in the instant petition. It is, accordingly, dismissed with liberty reserved in favour of the petitioner to avail any other appropriate remedy. Order Date :- 7.8.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad