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Neutral Citation No. - 2025:AHC:20292-DB Court No. - 3 Case :- WRIT - C No. - 32180 of 2024 Petitioner :- Dheeraj Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Pradeep Kumar Pandey,Santosh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner and Sri Anil Kumar counsel for respondent Nos.3 & 4. The writ petition seeks a following relief:-
"Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents not to dispossess the petitioner from plot No.183 area about 1.1410 hectares situated in village Lukmanpur, Baheda, (Puwayan), Paragana & Tehsil Puwayan, District Shahjahanpur upto the 30.04.2026 i.e. the period of lease i favour of the petitioner without adopting legal procedure prescribed under the law." It is the case of the petitioner that the plot no.183 having an area of 1.1410 hectares situated in village Lukmanpur, Baheda, (Puwayan), Paragana & Tehsil Puwayan, District Shahjahanpur has been leased out to the petitioner for a period of three years and that now a primary school is being constructed thereon without the lease having been cancelled. In our considered opinion the proper remedy for the petitioner is by means of a suit for damages because it transpires from the record that the land in question was reserved for Pathshala. Subject to the above, the petition stands disposed of. Order Date :- 13.2.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad