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Neutral Citation No. - 2025:AHC:142669-DB Court No. - 21 Case :- WRIT - C No. - 27199 of 2025 Petitioner :- Anil Kumar Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Raj Singh Jadaun,Saumitra Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The case of the petitioner is that while he was constructing a boundary wall to secure his property, it was interfered with by his neighbours. The petitioner has, therefore, prayed for a writ of mandamus commanding respondent no. 4 to remain present on the spot and facilitate construction of boundary wall by the petitioner.
2. Learned counsel for the petitioner places reliance on a report of consolidator dated 31.10.2022 in which it is stated that the petitioner is having permission from Settlement Officer (Consolidation) dated 23.08.2022 for construction of boundary wall. It is also stated in the report that on one side of his property there is chak marg and on the eastern side of it the plot of Chhote Lal is situated and although, he has no land on the western side of chak marg, he is creating the dispute.
3. In our considered opinion, in case any wrongful interference is being caused by any private person in raising of the boundary wall, the petitioner has the remedy of filing civil suit against the said person. In exercise of writ jurisdiction, we do not consider it proper to direct the police authorities to supervise the completion of the boundary wall in their presence, as it may amount to intermeddling by the police authorities in a private dispute relating to immovable property.
4. The petition accordingly stands disposed of with liberty to the petitioner to avail such other remedy, as may be advised. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.8.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad