Dismissed

Parshuram Lok Kalyan Trust and Another v. State of U.P. and 5 Others

Allahabad HC10 Jun 2022WRIC/16770/2022

Case brief

AI extract

What is this about?

The Court declined to entertain a writ petition under Article 226 seeking restraining of demolition. Relying on a report and admission that no demolition notice was issued, the Court held the dispute was between private respondents and the State was not involved.

What did the court decide?

No relief granted; petitioners retained liberty to avail other remedies.

Parshuram Lok Kalyan Trust and Another Vs State… — Writ and Judicial Review | Allahabad HC (2022)

¶1

Court No. - 21 Case :- WRIT - C No. - 16770 of 2022 Petitioner :- Parshuram Lok Kalyan Trust And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Niranjan,Mangal Rai,Sr. Advocate Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.

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The instant petition has been filed praying for a mandamus restraining the Staterespondents from demolishing the building of Degree College/ Trust existing over Araji No. 38 and 44, Mauza- Simarawari, P.S. Babina, District Jhansi.

¶4

The case of the petitioners is that respondents 5 and 6 are owners of Arazi No. 43 and have no concern with the land of the petitioners. The grievance of the petitioners is that the private-respondents are filing repeated complaints before the State-Authorities and they are threatening to demolish the constructions of the petitioners.

¶5

We find that upon complaint made by private-respondents on the Jansunwai Portal, a report was submitted which clearly mentions that a partition suit is pending in the Court of Commissioner and that there is no need of any intervention by the District Authorities.

¶6

Having regard to the said report, we are not ready to accept the bald assertion of the petitioners that the State-respondents are trying to demolish the constructions of the petitioners. There is no material placed on record in support of the said assertion. The petitioners themselves admit that no notice of demolition has been served upon them by the State-respondents.

¶7

Consequently, we decline to entertain the present petition under Article 226 of the Constitution, wherein it is clear that the dispute, if any, is between the petitioners and the private-respondents and that State and its instrumentalities are not involved.

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The petition stands disposed off with liberty to the petitioners to avail such other remedy, as may be advised.

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Order Date: - 10.6.2022 CS/-

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(Chandra Kumar Rai,J.) (Manoj Kumar Gupta,J.)

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Digitally signed by CHANDAN SINGH Date: 2022.06.13 14:55:40 IST Reason: Location: High Court of Judicature at Allahabad

Parshuram Lok Kalyan Trust and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Parshuram Lok Kalyan Trust and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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