Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30646 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Dheeraj Kumar dubey, learned counsel for the petitioner and Sri Vibhu Rai, Advocate holding brief of Sri A.P. Paul, learned counsel for the Prayagraj Development Authority.
2. The instant writ petition has been preferred for a direction to the respondents to decide the representation of petitioner dated 17.7.2025 and further not to interfere in the peaceful possession of the petitioner over the house in question.
3. The petitioner is aggrieved by an alleged demolition. From the perusal of the record, it is apparent that various notices have been served upon the sons of the petitioner, however, she failed to remove the unauthorized constructions.
4. Learned counsel for the Development Authority has raised an objection and submits that there is inter se dispute between private parties and such dispute cannot be pressed in writ jurisdiction under Article 226 of the Constitution of India and the appropriate remedy is to file suit for damages.
5. The dispute inter-se petitioner and respondent no. 6 is a purely private dispute and, in case, a private incumbent is trying to encroach the land in question belonging to petitioner or is interfering in peaceful possession of petitioner, then remedy of petitioner lies to file civil suit before the court concerned and make prayer for grant of injunction, that would be tested Versus Counsel for Petitioner(s) : Dheeraj Kumar Dubey Counsel for Respondent(s) : Ajay Prakash Paul, C.S.C. Malti Devi .....Petitioner(s) State Of Up And 5 Others .....Respondent(s)
on the parameters of prima facie case, balance of convenience and irreparable loss. In the facts and circumstances of the case, this Court cannot accord any relief to petitioner, as has been prayed by her.
6. Moreover, leave is granted to the petitioner to invoke common law remedy as available in law. The writ petition stands disposed of. September 11, 2025 Kirti WRIC No. 30646 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad