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2025 DAILYLAW 93371 (ALL)

KISHAN GOYAL v. STATE OF U.P. AND 3 OTHERS

WRIC/31446/2025 · 2025-09-16

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31446 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The case of the petitioner is that Anil, Sunil, Santoshi, Deepak, Radheshyam and 8 to 10 other persons have taken forcible possession of the house of the petitioner. The petitioner has, therefore, filed a representation before District Magistrate for taking action against the aforesaid persons in terms of Government Order dated 01.05.2017 and for putting petitioner back in possession of his property. 2. The alleged trespassers have not been impleaded as party to the instant writ proceedings. 3. Where the allegation is of trespass over a private property, common law remedies are available. The petitioner cannot be granted any relief on the administrative side by the respondents, as they would have no power to adjudicate on the dispute relating to possession over private property. 4. We, therefore, dispose of the writ petition with liberty to the petitioner to avail such other remedy, as may be advised. September 17, 2025 gp Versus Counsel for Petitioner(s) : Umesh Chandra Prajapati, Vijay Kumar Counsel for Respondent(s) : C.S.C. (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Kishan Goyal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad