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Ritesh Kumar v. State Of U.p. And 5 Others

Ritesh Kumar v. State Of U.p. And 5 Others

(High Court Of Judicature At Allahabad)

WRIT - C No. - 18736 of 2022 | 14-09-2022

1. Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 5 and perused the record.

2. The prayer in this petition is to command the fourth respondent (Sub Divisional Magistrate, Tehsil Kerakat, district Jaunpur) to take action against the person who is causing interference in raising of construction by the petitioner over his own land after demolition of his house.

3. It is not disclosed in the writ petition whether the plot over which constructions are proposed falls in an area where permission/sanction for constructions is not required. No sanction or permission of any authority for raising constructions is brought on record. Otherwise also, from the averments made in paragraph 10 of the petition it appears that the sixth respondent (Ram Samaujh Singh) is causing interference in the property rights of the petitioner.

4. In such circumstances, as the dispute is between two private persons in respect of private property, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to institute a suit or to take recourse to such other legal proceedings as may be permissible in law.

5. With the aforesaid liberty, the writ petition is disposed off.

Advocate List
  • Upendra Kumar Dubey,Surendra Nath Dubey

  • CSC

Bench
  • Hon'ble Justice Manoj Misra
  • Hon'ble Justice Vikas Budhwar
Eq Citations
  • LQ
  • LQ/AllHC/2022/16557
Head Note

Land, Water and Environment — Writ petition — Land dispute between two private persons — Liberty to institute suit or take recourse to other legal proceedings as may be permissible in law, granted — Civil Procedure Code, 1908, Or. 20 R. 1