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2025 DAILYLAW 96473 (ALL)

HIMANSHU KUMAR GUPTA v. STATE OF U.P. AND 3 OTHERS

WRIC/32181/2025 · 2025-10-06

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32181 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned standing counsel for the State. 2. The petitioner by means of the present writ petition has prayed for following relief: "(a) issue a writ, order or direction in the nature of mandamus commanding the District Magistrate, Shahjahanpur to provide suitable protection to the petitioner and his family members in accordance with law; (b) issue a writ, order or direction in the nature of mandamus commanding the District magistrate / Collector, Shahjahanpur and other Competent Authorities to consider and decide the representations dated 11.06.2024 and 22.05.2025 in the light of Government Orders dated 16.05.2012 and 09.05.2014 issued by the Principal Secretary, Uttar Pradesh, Lucknow (Annexure-8 and 9 respectively to this writ petition). 3. Learned counsel for the petitioner submits that the petitioner is a one- third owner of Arazi No. 155 and is being threatened by some Bhumafias, who intend to grab his land. The petitioner submitted an application under the Government Order dated 09.05.2014, copy of which has been annexed as Annexure-4 to the writ petition. 4. A specific query was put to the learned counsel for the petitioner as to who are Bhumafias and who are threatening the petitioner and whether Versus Counsel for Petitioner(s) : Kamla Kant Mishra, Varun Mishra Counsel for Respondent(s) : C.S.C. Himanshu Kumar Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the land of the petitioner has been encroached by the Bhumafias or not. He submits that the petitioner cannot disclose the names of Bhumafias as disclosing their names would further enhanced the life threat to the petitioner. 5. Be that as it may, we find that the pleadings in the writ petition are vague. Unless the petitioner prima-facie establishes that he has a real threat perception from the Bhumafias, the relief claimed under the Government Order dated 09.05.2014 cannot be granted. It is pertinent to note that the petitioner can be given protection against the persons who are real Bhumafias and land grabbers and the petitioner apprehension with regard to threat perception is bonafide. 6. From the pleadings in the writ petition, we do not find that there is any real threat perception to the petitioner. 7. In such view of the fact, we do not find any merit in the writ petition at this stage. Consequently, the writ petition is dismissed. In case, the petitioner faces any real threat in future, he may approach the appropriate authority. 8. The writ petition is dismissed subject to above conditions. October 7, 2025 Arif WRIC No. 32181 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad