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2025 DAILYLAW 92021 (ALL)

RAM PRASAD v. State of U.P. AND 5 OTHERS

WRIC/30661/2024 · 2025-03-02

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29535 Court No. - 37 Case :- WRIT - C No. - 30661 of 2024 Petitioner :- Ram Prasad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Diwakar Prasad Tiwari Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. Shri Diwakar Prasad Tiwari, learned counsel for the petitioner, and Shri Shahi Kant Kushwaha, learned Standing Counsel for the State-respondents No. 1 to 4, are present. By means of the present writ petition, the petitioner has prayed for a writ, order, or direction in the nature of mandamus, directing the respondents not to interfere in the peaceful possession of the petitioner and the use of his land. The submission of learned counsel for the petitioner is that a piece of land having plots No. 72 Kha, area 0.040 Hectare, and 73 Kha, area 0.081 Hectare, is recorded as Abadi in the revenue record, where the petitioner's house since the time of his ancestors' is situated. He further submits that the existing construction has become very old and is in a very dilapidated condition, and therefore, the petitioner intends to repair the same, but the private opposite parties No. 5 and 6 are creating obstructions in the peaceful use and occupation of the petitioner. Learned Standing Counsel has raised a preliminary objection regarding the entertainability of the writ petition. He submits that the dispute is private in nature and that the grievance of the petitioner is not against the State authorities but against the private opposite parties No. 5 and 6. Learned counsel for the petitioner, at this stage, submits that he may be permitted to withdraw the present writ petition with the liberty to the petitioner to raise his grievance before the competent court of jurisdiction. The writ petition is accordingly dismissed as withdrawn with liberty to the petitioner to avail the remedy as may be available to him under the law. Order Date :- 3.3.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad