Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30896-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 39) Court No. - 21 Case :- WRIT - C No. - 1920 of 2025 Petitioner :- Champa Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sourabh,Yogendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The prayer made in the instant petition is for a direction restraining respondent no. 5 from raising construction over certain piece of land admittedly in respect whereof there is dispute between the petitioner on one hand and respondents no. 5 and 6 and other private persons on the other hand and proceedings for mutation are also stated to be pending at the behest of the petitioner.
2. The petitioner is also stated to have filed an application before S.D.M, Lalitpur under Section 164/165 of BNSS and the case of the petitioner is that in the said proceedings the SDM concerned has directed SHO, Kotwali to hold an enquiry and to ensure that no illegal construction is made and also to ensure public peace. The petitioner also places reliance on a communication by the Regulatory Authority i.e. SDM, Lalitpur addressed to in-charge Inspector, Kotwali to not permit private respondent no. 5 to raise construction over the subject land.
3. A perusal of the pleadings made in the writ petition reveals that in fact there is serious dispute between the petitioner and private respondents in respect of title over the subject land and the petitioner is seeking enforcement of the rights under common law through the instant petition under Article 226 of the Constitution.
4. The State respondents have already taken the stand that they have issued necessary directions to ensure that no illegal construction is raised by anyone.
5. Under such circumstances, we are of considered opinion that no further direction is required to be passed by this Court. We leave it open to the petitioner, in case he still feels that some other relief is warranted, to approach the civil or revenue courts
for appropriate relief.
6. The petition stands disposed of accordingly. Order Date :- 4.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad