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2025 DAILYLAW 88243 (ALL)

PUSHPA PATEL AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/28652/2025 · 2025-09-21

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28652 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The following prayers have been made in the present writ petition: "i. to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to see that the order dated 9.1.2025 contained on the application dated 9.1.2025 (Annexure no.5 to the writ petition) passed by him may be implemented in true letter and spirit; ii. to issue a writ, order or direction in the nature of mandamus directing the respondent nos.3 and 4 to remove the lock put on the Nalkoop of the petitioners in pursuance of the order dated 9.1.2025 contained on the application dated 9.1.2025 (Annexure no.5 to the writ petition) passed by the respondent no.2;" 2. The petitioners are claiming title over certain land on basis of will in their favour. It is their case that a tubewell existing over the same has been illegal locked by the private respondents. The petitioners had approached the authorities on the administrative side by means of an application, on which, an endorsement was made for taking necessary action to ensure that the lock is removed. 3. We find that the petitioners have already filed Civil Suit No.1774 of 2025 against the private respondent no.5. It appears that respondent no.5 Versus Counsel for Petitioner(s) : Arvind Kumar Arya, Brijesh Kumar, Lok Nath Shukla Counsel for Respondent(s) : C.S.C. Pushpa Patel And 2 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) has also filed a separate civil suit bearing No.482 of 2021 for cancellation of the will on basis of which the petitioners are claiming title. 4. It is open to the petitioners to obtain appropriate orders from the civil court. No good ground is made out to direct the administrative authorities to take any decision on the administrative side, which may impact the right of any of the parties to the pending litigation. 5. Accordingly, the petition stands disposed of. September 22, 2025 Ankit. WRIC No. 28652 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad