AKHILESH VISHWAKARMA AND ANOTHER v. STATE OF U.P. AND 8 OTHERS
WRIC/27940/2025 · 2025-08-19
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87221 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87221 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:142704-DB Court No. - 21 Case :- WRIT - C No. - 27940 of 2025 Petitioner :- Akhilesh Vishwakarma And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Abhishek Kumar Singh,Shashi Kant Singh 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 writ petition:
"I. Issue a writ, order or direction in the nature of mandamus commanding the Respondent Authorities to remove the pakka/concreted construction over the Abadi land of the petitioners where the Naad were situated and Cattles were being tied. II. Issue a writ, order or direction in the nature of mandamus commanding the Respondent Authorities to comply the order dated 09.05.2025 passed by the District Magistrate, Prayagraj and the order dated 01.07.2025 passed by Deputy Commissioner of Police (SSP), Prayagraj."
2. It is alleged in para 5 of the writ petition that the private respondents are disturbing the possession of the petitioners over Gata no.438.
3. The dispute is between two sets of private parties in relation to an immovable property and we are of the considered opinion that in the aforesaid facts and circumstances, the District Magistrate shall have no jurisdiction to intermeddle.
4. The writ petition is, consequently, dismissed with liberty to the petitioners to avail such other remedy, as may be advised. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad