Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 87070 (ALL)

SMT. PATIRAJI DEVI v. STATE OF U.P. AND 5 OTHERS

WRIC/28233/2025 · 2025-09-10

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28233 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The instant writ petition has been filed with following prayers: “1. Issue a writ, order or direction in nature of mandamus and directing the commanding respondent No. 2 to made inquiry against the respondent No. 4 and 6 with regard to demolition of Boundary Wall situated in the premises of petitioner and take disciplinary action against the respondent no. 4 and 6 after the inquiry within stipulated period. II. Issue a writ order or direction in the nature of mandamus commanding directing the direct the respondent No. 2 to consider the application dated 28-06-203 and 22-05-2025 made inquiry against the respondent No. 4 and 6 accordance with law. a 2023 III. Issue any other writ, order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case. IV. Award any cost of the petition to the petitioner.” 2. There is dispute in relation to a boundary-wall between the petitioner and private respondents. 3. Private respondent no. 5 filed Writ-C No. 16673 of 2023 before this Court in relation to the same boundary wall, alleging that the petitioner herein and other private respondents to the said writ petition are obstructing ingress and egress to her house by constructing a boundary- wall. In the said case, an affidavit was filed by the District Magistrate, Ballia and in which the stand taken was that there was no obstruction to the house of the petitioner of that writ petition and obstruction, if any, was made by the petitioner herself. 4. Having regard to the aforesaid stand of District Magistrate, Ballia, the Versus Counsel for Petitioner(s) : Anand Kumar, Vinod Kumar Yadav Counsel for Respondent(s) : C.S.C. Smt. Patiraji Devi .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) writ petition was dismissed with liberty to the petitioner of the aforesaid case namely respondent no. 5 herein to avail such other remedy as may be advised. 5. The case of the petitioner is that the boundary wall, in-fact, belongs to the petitioner and the same has been wrongly demolished by the private respondents. 6. The dispute is purely of civil nature in relation to an immovable property and which we decline to entertain in exercise of writ jurisdiction. 7. The writ petition is dismissed with liberty to the petitioner to avail common law remedies. September 11, 2025 A. Mandhani WRIC No. 28233 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad